Legal Opinion

People v. Nieves

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

Decided May 22, 2001Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered November 19, 1998, convicting defendant, after a jury trial, of reckless endangerment in the first degree, and sentencing him to a term of 2xk to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The accomplice testimony was properly corroborated (see, CPL 60.22; People v Breland, 83 NY2d 286, 292-295).

Pursuant to a preconceived plan by gang members to harass and intimidate the police, defendant threw a 34-pound garbage can from the roof of…

2Cases cited2 opinions

  1. People v. BrelandNew York Court of Appeals · 1994
  2. People v. ParksAppellate Division of the Supreme Court of the State of New York · 2001

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