Legal Opinion

People v. Abreu

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

Decided November 1, 2011Published

1Opinion of the Court

*413We reject defendant’s argument that the first-degree murder conviction was against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The evidence warranted the conclusion that defendant intended to kill the victim, and it does not support defendant’s theory that he may have accidentally fired what he believed to be an unloaded revolver.

The court properly permitted a conspirator to testify, pursuant to the coconspirator declaration exception to the hearsay rule (see People v Caban, 5 NY3d 143, 148 [2005]), that a nontestifying conspirator told him that defendant…

2Cases cited8 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. CabanNew York Court of Appeals · 2005
  4. People v. O'RamaNew York Court of Appeals · 1991
  5. People v. McKnightNew York Court of Appeals · 2010

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