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Legal Opinion

People v. Phoenix

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

Decided February 3, 2016No. 2010-07915Published

1Opinion of the Court

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (DiMango, J.), rendered August 5, 2010, convicting him of murder in the second degree as a hate crime and attempted assault in the first degree as a hate crime, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the verdict of guilt is against the weight of the credible evidence. 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…

2Cases cited11 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. RomeroNew York Court of Appeals · 2006
  4. People v. MateoNew York Court of Appeals · 2004
  5. People v. DelgadoNew York Court of Appeals · 1992

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