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PEOPLE, res, v. TIMOTHY JOHNSON, def-ap

3337. PEOPLE, res, v. TIMOTHY JOHNSON, def-ap — Massena Law P.C., New York (Alain V. Massena of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of counsel), for res — Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered August 2, 2014, convicting defendant, after a jury trial, of manslaughter in the first degree and two counts of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 20 years, unanimously affirmed.

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3337. PEOPLE, res, v. TIMOTHY JOHNSON, def-ap — Massena Law P.C., New York (Alain V. Massena of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Shannon Henderson of counsel), for res — Judgment, Supreme Court, Bronx County (Troy K. Webber, J.), rendered August 2, 2014, convicting defendant, after a jury trial, of manslaughter in the first degree and two counts of criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to an aggregate term of 20 years, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348—349 [2007]). Although the principal witness’s testimony was undisputedly self-contradictory, the jury had a rational basis upon which to credit the version of the events provided on direct examination while discrediting the version provided on crossand redirect examination (see People v. Fratello, 92 NY2d 565, 573-575 [1998], cert denied 526 US 1068 [1999]). The fact that the jury acquitted defendant of murder does not warrant a different conclusion (see People v. Rayam, 94 NY2d 557 [2000]).

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