Legal Opinion

People v. Gaines

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

Decided February 13, 1990PublishedCited by 10 opinions

1Opinion of the Court

The defendant argues that his guilt was not proven beyond a reasonable doubt. We disagree. Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

The defendant argues further that during the course of the trial, testimony was elicited by the prosecution which he characterizes as prejudicial and which he contends,…

2Cases cited5 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  3. People v. GonzalezNew York Court of Appeals · 1981
  4. People v. IrbyAppellate Division of the Supreme Court of the State of New York · 1985
  5. People v. HesterbeyAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by10 opinions

  1. People v. TexidorAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. BurdoAppellate Division of the Supreme Court of the State of New York · 2022
  3. People v. HollandAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. MunizAppellate Division of the Supreme Court of the State of New York · 1998
  5. People v. HospedalesAppellate Division of the Supreme Court of the State of New York · 2010

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