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BETTY GRAHAM, plf-res, v. HARRY WHITE, def-app

570953/14. BETTY GRAHAM, plf-res, v. HARRY WHITE, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from decision (James E. d'Auguste, J.), "entered" June 20, 2014, deemed an appeal from the ensuing judgment (same court and Judge), entered June 27, 2014, and so considered (see CPLR 5520[c]), judgment affirmed, without costs.

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570953/14. BETTY GRAHAM, plf-res, v. HARRY WHITE, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Appeal from decision (James E. d’Auguste, J.), “entered” June 20, 2014, deemed an appeal from the ensuing judgment (same court and Judge), entered June 27, 2014, and so considered (see CPLR 5520[c]), judgment affirmed, without costs.

Giving due deference to the trial court’s express factual findings and its negative assessment of the defendant’s credibility (see Thoreson v. Penthouse Intl., 80 NY2d 490, 495 [1992]), we sustain the judgment issued in plaintiff’s favor. A fair interpretation of the evidence, particularly the April 12, 2012 handwritten agreement shown (and now admitted) to have been signed by defendant memorializing the existence and amount of the debt sued upon, supports a finding that plaintiff lent money to defendant which defendant failed to repay.

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