Appellate Division of the Supreme Court of New York, 2012

People v. O'Toole

People v. O'Toole
Appellate Division of the Supreme Court of New York · Decided October 18, 2012
99 A.D.3d 585; 951 N.Y.2d 878
People v. O'Toole

Opinion of the Court

*586The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations. We do not find the victim’s account of the incident to be implausible. Moreover, her testimony was consistent with the officer’s observations of the victim’s demeanor, made shortly after the incident. Concur — Friedman, J.P., Moskowitz, Freedman, Richter and Abdus-Salaam, JJ.

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