Legal Opinion

People v. Brockway

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

Decided November 13, 1998PublishedCited by 12 opinions

1Opinion of the Court

—Judgment affirmed. Memorandum: Defendant was convicted of murder in the second degree (Penal Law § 125.25 [3]) arising from his participation in a stabbing death that occurred during a robbery or attempted robbery of an alleged drug dealer. The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495).

There is no merit to the contention of defendant that County Court erred in denying his motion for a change of venue. Defendant improperly brought the motion before County Court rather than the Appellate Division (see, CPL 230.20 [2] [a]). In addition, because…

2Cases cited17 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. Bruton v. United StatesSupreme Court of the United States · 1968
  3. People v. AlfaroNew York Court of Appeals · 1985
  4. People v. DanielsNew York Court of Appeals · 1975
  5. People v. PonderNew York Court of Appeals · 1981

12 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. KenyonAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. SnyderAppellate Division of the Supreme Court of the State of New York · 2012
  3. Woolbright v. StateSupreme Court of Arkansas · 2004
  4. People v. BoyerAppellate Division of the Supreme Court of the State of New York · 2006
  5. People v. HardyAppellate Division of the Supreme Court of the State of New York · 2007

7 more not listed; retrieve them via the Exa API.

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