Legal Opinion
People v. Phoenix
Appellate Division of the Supreme Court of the State of New York
Decided March 10, 1989PublishedCited by 5 opinions
1Opinion of the Court
Judgment, unanimously affirmed. Memorandum: There is no merit to defendant’s claim that the verdict of the jury is not supported by the weight of the evidence (see, People v Bleakley, 69 NY2d 490).
None of the other issues raised by defendant has been preserved for review (see, CPL 470.05 [2]) and it cannot be said on this record that defendant was deprived of a fair trial (see, CPL 470.15 [6] [a]). Were we to consider the issues, we would conclude that the rebuttal evidence offered by the People was properly received (see, Marshall v Davies, 78 NY 414, 420; People v Harris, 57 NY2d 335, cert…
2Cases cited8 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- Allen v. United StatesSupreme Court of the United States · 1896
- People v. HarrisNew York Court of Appeals · 1982
- Marshall v. . DaviesNew York Court of Appeals · 1879
- People v. PriceAppellate Division of the Supreme Court of the State of New York · 1988
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. TowndrowAppellate Division of the Supreme Court of the State of New York · 1993
- People v. DemottAppellate Division of the Supreme Court of the State of New York · 1991
- People v. GarciaAppellate Division of the Supreme Court of the State of New York · 1992
- People v. NewellAppellate Division of the Supreme Court of the State of New York · 1991
- People v. StewartAppellate Division of the Supreme Court of the State of New York · 1992