Legal Opinion
People v. Massey
Appellate Division of the Supreme Court of the State of New York
Decided March 27, 2008PublishedCited by 10 opinions
1Opinion of the Court
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility. The account of the transaction given by the prosecution witnesses was at odds with defendant’s agency defense (see e.g. People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]), and defendant’s present argument rests on his own testimony, which the jury was entitled to reject. Defendant’s arguments concerning the resisting arrest conviction are without merit.
As defendant concedes, the…
2Cases cited5 opinions
- People v. Lam Lek ChongNew York Court of Appeals · 1978
- People v. TuttNew York Court of Appeals · 1976
- People v. KetchamNew York Court of Appeals · 1999
- People v. CastanedaAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GreenAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by10 opinions
- People v. PooleAppellate Division of the Supreme Court of the State of New York · 2010
- People v. Cash J.Y.Appellate Division of the Supreme Court of the State of New York · 2009
- People v. SivelsAppellate Division of the Supreme Court of the State of New York · 2014
- People v. BlueAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CruzNew York Supreme Court, Bronx County · 2025
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