Legal Opinion

People v. Gutt

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

Decided December 4, 2012PublishedCited by 1 opinion

1Opinion of the Court

Defendant’s legal sufficiency claim is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). A chain of circumstantial evidence amply supported the jury’s conclusion that it was defendant, and not another person involved in the fight, who stabbed the victim. We note that one of the links in this chain was a knife recovered from defendant’s immediate vicinity at the time of his arrest that appeared to…

2Cases cited5 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. BartleyNew York Court of Appeals · 1979
  3. People v. BarnesAppellate Division of the Supreme Court of the State of New York · 1999
  4. People v. SteeleAppellate Division of the Supreme Court of the State of New York · 2001
  5. People v. AlvaradoAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by1 opinion

  1. People v. NunezAppellate Division of the Supreme Court of the State of New York · 2014

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