People v. Burkett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
*1469Defendant’s convictions were not against the weight of the credible evidence. Even were we to conclude that an acquittal would not have been unreasonable, upon weighing the conflicting testimony while viewing it in a neutral light, we are persuaded that the jury was fully justified in finding defendant guilty beyond a reasonable doubt (see People v Danielson, 9 NY3d 342, 348 [2007]; People v Romero, 7 NY3d 633, 636 [2006]; People v Bleakley, 69 NY2d 490, 495 [1987]). Specifically, citing the lack of eyewitnesses to the strangulation or a confession, defendant claims that the proof was…
2Cases cited26 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. DanielsonNew York Court of Appeals · 2007
- People v. RomeroNew York Court of Appeals · 2006
- People v. AlvinoNew York Court of Appeals · 1987
- People v. BarnesNew York Court of Appeals · 1980
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3Cited by5 opinions
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- People v. McIntoshAppellate Division of the Supreme Court of the State of New York · 2018
- People v. MyersAppellate Division of the Supreme Court of the State of New York · 2013
- People v. MyersAppellate Division of the Supreme Court of the State of New York · 2013
- The People v. Sebastian TelfairNew York Court of Appeals · 2023