Legal Opinion

People v. Theodore

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

Decided January 15, 2014PublishedCited by 8 opinions

1Opinion of the Court

The defendant contends that the jury verdict was against the weight of the evidence because the People failed to disprove his justification defense beyond a reasonable doubt. In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348-349 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 *704[2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon…

2Cases cited14 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. CrimminsNew York Court of Appeals · 1975
  4. People v. RomeroNew York Court of Appeals · 2006
  5. People v. MateoNew York Court of Appeals · 2004

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3Cited by8 opinions

  1. People v. BabcockAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. PavoneAppellate Division of the Supreme Court of the State of New York · 2014
  3. People v. FloresAppellate Division of the Supreme Court of the State of New York · 2018
  4. People v. PavoneAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. PavoneAppellate Division of the Supreme Court of the State of New York · 2014

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