Legal Opinion

People v. Herrnkind

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

Decided March 4, 2008PublishedCited by 5 opinions

1Opinion of the Court

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]; People v Conway, 6 NY3d 869, 872 [2006]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Bleakley, 69 NY2d 490, 495 [1987]).

The Supreme Court providently exercised its discretion in denying the defendant’s…

2Cases cited9 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. RomeroNew York Court of Appeals · 2006
  5. Ake v. OklahomaSupreme Court of the United States · 1985

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

3Cited by5 opinions

  1. People v. RagsdaleAppellate Division of the Supreme Court of the State of New York · 2009
  2. People v. CrewsAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. OliverNew York Supreme Court · 2014
  4. People v. DeanAppellate Division of the Supreme Court of the State of New York · 2025
  5. People v. DeanAppellate Division of the Supreme Court of the State of New York · 2025

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