Legal Opinion
People v. Alcivar
Appellate Division of the Supreme Court of the State of New York
Decided June 7, 2016No. 1090 4502/11PublishedCited by 3 opinions
1Opinion of the Court
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered June 14, 2013, convicting defendant, after a jury trial, of predatory sexual assault against a child and course of sexual conduct against a child in the first degree, and sentencing him to an aggregate term of 25 years to life, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury’s credibility determinations. The victim’s recantation of her initial allegation at age six, which was satisfactorily explained, and…
2Cases cited8 opinions
- People v. DanielsonNew York Court of Appeals · 2007
- Melendez-Diaz v. MassachusettsSupreme Court of the United States · 2009
- People v. RiveraNew York Court of Appeals · 1988
- Bullcoming v. New MexicoSupreme Court of the United States · 2011
- People v. JohnNew York Court of Appeals · 2016
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3Cited by3 opinions
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017
- People v. CoreyNew York Supreme Court · 2016
- People v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2017