People v. McArthur
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The defendant’s contention that he was deprived of the right to a fair trial because the prosecutor commented in summation about his post-arrest silence is unpreserved for appellate review (see…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. ContesNew York Court of Appeals · 1983
- People v. RomeroNew York Court of Appeals · 2006
- People v. StultzNew York Court of Appeals · 2004
- People v. SatterfieldNew York Court of Appeals · 1985
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3Cited by14 opinions
- People v. MehmoodAppellate Division of the Supreme Court of the State of New York · 2013
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2017
- People v. DavydovAppellate Division of the Supreme Court of the State of New York · 2016
- People v. TheodoreAppellate Division of the Supreme Court of the State of New York · 2014
- People v. CoppAppellate Division of the Supreme Court of the State of New York · 2013
9 more not listed; retrieve them via the Exa API.