People v. Diaz
Appellate Division of the Supreme Court of the State of New York
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
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. DanielsonNew York Court of Appeals · 2007
- People v. CrimminsNew York Court of Appeals · 1975
- People v. BeneventoNew York Court of Appeals · 1998
- United States v. OwensSupreme Court of the United States · 1988
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3Cited by1 opinion
- Diaz v. BellDistrict Court, S.D. New York · 2022