Legal Opinion

People v. Davey

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

Decided September 22, 2009Published

1Opinion of the Court

— Judgment, Supreme

Court, New York County (Charles H. Solomon, J.), rendered August 11, 2008, convicting defendant, after a jury trial, of promoting prison contraband in the first degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.

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 decision to credit the prosecution’s case and discredit the defense case.

Defendant’s challenges to the People’s impeachment use of a statement for which CPL…

2Cases cited2 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. CampneyAppellate Division of the Supreme Court of the State of New York · 1998

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