The People of the State of New York, Respondent, v. Keon Smith, Defendant–Appellant. (2018)

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Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered July 26, 2012 convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree and unlawful possession of marijuana, and sentencing him to a term of six years and a $25 fine, unanimously affirmed.

The 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 jury's credibility determinations.  The police account of the incident was not so implausible as to require a different conclusion (see e.g. People v. Lewis, 136 AD3d 468 [1st Dept 2016], lv denied 27 NY3d 1001 [2016] ), and the absence of any DNA from defendant on the pistol at issue was sufficiently explained.

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CLERK