Legal Opinion

People v. Diaz

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

Decided June 8, 2017No. 4226 3971/09PublishedCited by 1 opinion

1Opinion of the Court

Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered December 10, 2014, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him, as a second felony offender, to a term of 25 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 determinations concerning credibility and identification. The evidence establishing that defendant fatally shot a bystander during a gunfight included reliable identifications by two…

2Cases cited10 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. People v. BeneventoNew York Court of Appeals · 1998
  5. United States v. OwensSupreme Court of the United States · 1988

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3Cited by1 opinion

  1. Diaz v. BellDistrict Court, S.D. New York · 2022

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