Legal Opinion

People v. Mendez

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

Decided November 10, 2011PublishedCited by 3 opinions

1Opinion of the Court

Defendant’s challenge to the sufficiency of the evidence is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. We also find that the verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility. Defendant’s fingerprint found on a piece of duct tape used to tie up one of the victims was sufficient to support the conviction (see People v Steele, 287 AD2d 321,…

2Cases cited3 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. YazumNew York Court of Appeals · 1963
  3. People v. SteeleAppellate Division of the Supreme Court of the State of New York · 2001

3Cited by3 opinions

  1. People v. TineoAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2023
  3. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2023

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