Legal Opinion

People v. Roman

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

Decided November 7, 2005PublishedCited by 1 opinion

1Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered March 12, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the evidence presented at the so-called “Sirois” hearing (see Matter of Holtzman *414v Hellenbrand, 92 AD2d 405 [1983]), and the inferences that logically flow therefrom, were sufficient to support the Supreme Court’s determination, under the clear and convincing evidence standard, that the defendant engaged in conduct…

2Cases cited5 opinions

  1. Holtzman v. HellenbrandAppellate Division of the Supreme Court of the State of New York · 1983
  2. People v. FieldAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. PerkinsAppellate Division of the Supreme Court of the State of New York · 2004
  4. People v. LovettAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. McClarinAppellate Division of the Supreme Court of the State of New York · 2002

3Cited by1 opinion

  1. People v. DrummondAppellate Division of the Supreme Court of the State of New York · 2008

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