Legal Opinion

People v. Rodriguez

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

Decided October 28, 1996PublishedCited by 3 opinions

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), *663rendered July 12, 1994, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court’s circumstantial evidence charge adequately conveyed to the jury the principle that the evidence had to exclude beyond a reasonable doubt every hypothesis of innocence (see, People v Ford, 66 NY2d 428; People v Sanchez, 61 NY2d 1022; People v Marsalis, 189 AD2d 897). The sentence imposed was not excessive (see, People v Suitte, 90 AD2d…

2Cases cited4 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. FordNew York Court of Appeals · 1985
  3. People v. SanchezNew York Court of Appeals · 1984
  4. People v. MarsalisAppellate Division of the Supreme Court of the State of New York · 1993

3Cited by3 opinions

  1. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 2001
  2. People v. BrewsterAppellate Division of the Supreme Court of the State of New York · 2008
  3. People v. RojasAppellate Division of the Supreme Court of the State of New York · 1997

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