Legal Opinion
People v. Danielson
New York Court of Appeals
Decided December 13, 2007PublishedCited by 9,252 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
These two appeals call upon us to determine the scope of weight of the evidence review when a defendant has failed to preserve a challenge to the legal sufficiency of his conviction. In particular, we are asked whether weight of the evidence review requires assessment of the elements of the crime for which defendant is convicted, or whether such review would simply be tantamount to back-door sufficiency review.
Facts
In the first of the two appeals, People v Danielson, the People presented evidence at trial that defendant, together with fellow gang members…
2Cases cited9 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. RomeroNew York Court of Appeals · 2006
- Tibbs v. FloridaSupreme Court of the United States · 1982
- People v. SteinbergNew York Court of Appeals · 1992
- People v. CahillNew York Court of Appeals · 2003
4 more not listed; retrieve them via the Exa API.
3Cited by9,252 opinions
- People v. DelamotaNew York Court of Appeals · 2011
- People v. GordonNew York Court of Appeals · 2014
- People v. ClydeNew York Court of Appeals · 2011
- People v. StepneyAppellate Division of the Supreme Court of the State of New York · 2012
- In re Hasan C.Appellate Division of the Supreme Court of the State of New York · 2009
9,247 more not listed; retrieve them via the Exa API.