People v. Saenz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*380Judgment, Supreme Court, Bronx County (Peter J. Benitez, J.), rendered March 21, 2003, convicting defendant, after a jury trial, of gang assault in the second degree, and sentencing him to a term of four years, unanimously affirmed.
The verdict was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility, including its evaluation of alleged inconsistencies in the victim’s testimony (see People v Gaimari, 176 NY 84, 94 [1903]).
The admission of a nontestifying codefendant’s plea allocution violated Crawford v Washington (541 US 36…
2Cases cited6 opinions
- Crawford v. WashingtonSupreme Court of the United States · 2004
- People v. . GaimariNew York Court of Appeals · 1903
- People v. WattsNew York Court of Appeals · 1982
- People v. DelancesAppellate Division of the Supreme Court of the State of New York · 1999
- People v. GeorgeAppellate Division of the Supreme Court of the State of New York · 2004
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3Cited by8 opinions
- People v. MasonAppellate Division of the Supreme Court of the State of New York · 2015
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2016
- People v. JamesAppellate Division of the Supreme Court of the State of New York · 2016
- People v. TaylorAppellate Division of the Supreme Court of the State of New York · 2006
- JAMES, NANCY, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2016
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