People v. Nieves
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered April 26, 2000, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Defendant’s claim that the court should have instructed the jury to determine whether the People’s main witness was an accomplice as a matter of fact is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the evidence, at best, merely established the witness’s presence at the murder scene and did not…
2Cases cited6 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. GonzalezNew York Court of Appeals · 1986
- People v. TuckerNew York Court of Appeals · 1988
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by12 opinions
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- People v. BarberAppellate Division of the Supreme Court of the State of New York · 2004
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 2010
- People v. NunezAppellate Division of the Supreme Court of the State of New York · 2004
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