The following excerpt is from Hayes v. New York City Dept. of Corrections, 84 F.3d 614 (2nd Cir. 1996):
In applying this standard, the court should not weigh evidence or assess the credibility of witnesses. United States v. Rem, 38 F.3d 634, 644 (2d Cir.1994). These determinations are within the sole province of the jury. Azrielli v. Cohen Law Offices, 21 F.3d 512, 517 (2d Cir.1994).
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