Legal Opinion

People v. Smith

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

Decided December 15, 2009PublishedCited by 7 opinions

1Opinion of the Court

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CEL 470.15 [5]; People v Danielson, 9 NY3d 342, 348 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, *10222 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

However, the trial court…

2Cases cited13 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. O'RamaNew York Court of Appeals · 1991

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3Cited by7 opinions

  1. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2014
  2. People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. MackAppellate Division of the Supreme Court of the State of New York · 2014
  4. People v. MorrisAppellate Division of the Supreme Court of the State of New York · 2017
  5. MACK, TERRANCE L., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014

2 more not listed; retrieve them via the Exa API.

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