Legal Opinion

People v. Pearson

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

Decided January 26, 2010Published

1Opinion of the Court

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight , of evidence (see People v Romero, 7 NY3d 633 [2006]).

While the defendant had a right to be present when the trial court gave supplemental instructions to the jury as to, among other things, the elements of the crimes charged (see CPL 260.20, 310.30;…

2Cases cited13 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. CrimminsNew York Court of Appeals · 1975
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. CiaccioNew York Court of Appeals · 1979
  5. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 2003

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