Legal Opinion

People v. Melendez

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

Decided February 18, 2014Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Jill Konviser, J.), rendered August 2, 2011, convicting defendant, after a jury trial, of burglary in the first degree and attempted robbery in the first degree and sentencing him to an aggregate term of 12 years, unanimously affirmed.

*526The 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 identification. The identification testimony was corroborated by evidence that DNA recovered from the hat left by the intruder at the scene…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2008

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