Legal Opinion
People v. Fairweather
Appellate Division of the Supreme Court of the State of New York
Decided January 19, 2010PublishedCited by 4 opinions
1Opinion of the Court
The defendant’s contention that the evidence was legally insufficient to support his conviction of assault in the first degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the People (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 (see People v Whyte, 47 AD3d 852, 853-854 [2008]). In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see…
2Cases cited23 opinions
- Chapman v. CaliforniaSupreme Court of the United States · 1967
- Crawford v. WashingtonSupreme Court of the United States · 2004
- People v. BleakleyNew York Court of Appeals · 1987
- People v. ContesNew York Court of Appeals · 1983
- People v. DanielsonNew York Court of Appeals · 2007
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3Cited by4 opinions
- People v. NesbittAppellate Division of the Supreme Court of the State of New York · 2010
- People v. TavarezAppellate Division of the Supreme Court of the State of New York · 2017
- People v. RichbergAppellate Division of the Supreme Court of the State of New York · 2014
- State v. ReidAppellate Division of the Supreme Court of the State of New York · 2011