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PEOPLE, res, v. JOSEPH DIAZ, def-ap

4226. PEOPLE, res, v. JOSEPH DIAZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Marianne Stracquadanio of counsel), for res — Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered December 10, 2014, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 25 years, unanimously affirmed.

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4226. PEOPLE, res, v. JOSEPH DIAZ, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Marianne Stracquadanio of counsel), for res — Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered December 10, 2014, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 25 years, 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 determinations concerning credibility and identification. The evidence establishing that defendant fatally shot a bystander during a gunfight included reliable identifications by two eyewitnesses, evidence of motive, and a surveillance videotape that, while not depicting the shooting, tended to corroborate the People’s theory of the case. Although a third witness testified that the assailant was actually another man involved in the incident, the jury could have reasonably rejected her testimony.

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