Legal Opinion

People v. Brescia

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

Decided June 12, 2007PublishedCited by 12 opinions

1Opinion of the Court

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered November 19, 2003, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Resolution of issues of credibility is primarily a matter to be determined by the jury, which saw and heard the witnesses, and its…

2Cases cited8 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. BaldiNew York Court of Appeals · 1981
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. SantiagoNew York Court of Appeals · 1981
  5. People v. OrtizNew York Court of Appeals · 1981

3 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. People v. RagsdaleAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. RayAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. HicksAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 2009
  5. People v. MacalusoAppellate Division of the Supreme Court of the State of New York · 2016

7 more not listed; retrieve them via the Exa API.

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