Legal Opinion

People v. Biavaschi

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

Decided October 28, 1999PublishedCited by 7 opinions

1Opinion of the Court

—Judgment, Supreme Court, Bronx County (George Covington, J.), rendered October 11, 1996, convicting defendant, after a jury trial, of rape in the first degree, and sentencing him to a term of 8V3 to 25 years, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s credibility determinations, which are supported by the record.

The People presented clear and convincing evidence, through the testimony of the complainant’s mother, as well as a psychologist and a mental health caseworker qualified as expert witnesses, that extraordinary…

2Cases cited5 opinions

  1. People v. BuntingAppellate Division of the Supreme Court of the State of New York · 1988
  2. People v. RamosAppellate Division of the Supreme Court of the State of New York · 1994
  3. People v. ByrdAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. JonesAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. PerryAppellate Division of the Supreme Court of the State of New York · 1996

3Cited by7 opinions

  1. People v. McCartyAppellate Division of the Supreme Court of the State of New York · 2023
  2. Commonwealth v. WilliamsSupreme Court of Pennsylvania · 2014
  3. People v. BeltranAppellate Division of the Supreme Court of the State of New York · 2013
  4. People v. CarlsonAppellate Division of the Supreme Court of the State of New York · 2020
  5. In re Nelo ONew York City Family Court · 2008

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