Legal Opinion

People v. Hurd

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

Decided October 13, 2011Published

1Opinion of the Court

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The jury could have reasonably concluded that defendant acted with the mental state required for each crime.

The court provided a meaningful response to a jury note. Viewing the record as a whole, we find no reasonable possibility that the jury could have been misled into thinking that the particular mental state for fourth-degree stalking applied to the other crimes (see People v Simmons, 15 NY3d 728, 729 [2010]).

Defendant’s ineffective assistance of counsel claims are unreviewable on…

2Cases cited6 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. RiveraNew York Court of Appeals · 1988
  5. People v. LoveNew York Court of Appeals · 1982

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API