Legal Opinion

People v. Durden

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

Decided March 30, 2004PublishedCited by 6 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (John Bradley, J.), rendered September 17, 2002, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 12 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility (People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence established that defendant used force in an effort to retain the briefcase he had…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. . GaimariNew York Court of Appeals · 1903
  3. People v. MalloyNew York Court of Appeals · 1982
  4. People v. BrownAppellate Division of the Supreme Court of the State of New York · 1997

3Cited by6 opinions

  1. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2005
  2. People v. MonroeAppellate Division of the Supreme Court of the State of New York · 2006
  3. Durden v. GreeneDistrict Court, S.D. New York · 2007
  4. People v. GalberthAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. McBroomAppellate Division of the Supreme Court of the State of New York · 2015

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