Legal Opinion

People v. Howard

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

Decided December 28, 2012PublishedCited by 10 opinions

1Opinion of the Court

*1750Memorandum: On appeal from a judgment convicting him upon a nonjury verdict of murder in the second degree (Penal Law § 125.25 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [3]), defendant contends that the verdict is against the weight of the evidence. We reject that contention. Viewing the evidence in light of the elements of the crimes in this nonjury trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that, although a different verdict would not have been unreasonable, County Court did not fail to give the evidence the weight it should be accorded…

2Cases cited10 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. RiveraNew York Court of Appeals · 1988
  4. People v. CabanNew York Court of Appeals · 2005
  5. People v. CosbyAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by10 opinions

  1. People v. WardAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. MadisonAppellate Division of the Supreme Court of the State of New York · 2013
  3. ANDERSON, DERRICK, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  4. FORD, TYRELL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
  5. LOPER, JASON L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014

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