Legal Opinion

People v. Smith

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 2000PublishedCited by 7 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the verdict is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). It was within the jury’s province to reject the testimony of defendant’s alibi witnesses and to credit the testimony of the police officers who witnessed the drug transaction (see, People v Burks, 227 AD2d 905, lv denied 88 NY2d 981; People v Medina, 228 AD2d 362, 363, lv denied 88 NY2d 1022). County Court properly denied defendant’s request for a circumstantial evidence charge. Because the evidence against defendant was…

2Cases cited10 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. AllenNew York Court of Appeals · 1995
  3. People v. HerringNew York Court of Appeals · 1994
  4. People v. VictorNew York Court of Appeals · 1984
  5. People v. TaboraAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by7 opinions

  1. People v. ReitzAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. DupreeAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. GunterAppellate Division of the Supreme Court of the State of New York · 2013
  4. GUNTER, SABRINA, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. GunterAppellate Division of the Supreme Court of the State of New York · 2013

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