Legal Opinion

People v. Badger

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

Decided December 23, 2011PublishedCited by 9 opinions

1Opinion of the Court

Memorandum:

On appeal from a judgment convicting him *1532upon a nonjury verdict of murder in the second degree (Penal Law § 125.25 [1]) and attempted murder in the second degree (§§ 110.00, 125.25 [1]), defendant contends that the verdict is against the weight of the evidence. Viewing the evidence in light of the elements of the crimes in this nonjury trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]).

Addressing first the crime of attempted murder in the second…

2Cases cited7 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. FernandezNew York Court of Appeals · 1996
  4. People v. MolinaAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. GeddesAppellate Division of the Supreme Court of the State of New York · 2008

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3Cited by9 opinions

  1. People v. LucasAppellate Division of the Supreme Court of the State of New York · 2012
  2. People v. GoodAppellate Division of the Supreme Court of the State of New York · 2021
  3. CALDWELL, MICHAEL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
  4. CARTAGENA, CANDACE J., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2017
  5. Chase v. LaMannaDistrict Court, W.D. New York · 2024

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

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