Legal Opinion

People v. Kelley

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

Decided March 8, 2011PublishedCited by 4 opinions

1Opinion of the Court

*464The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations. The jury convicted defendant of a course of sexual conduct against his daughter, committed when she was 11 and 12 years old, but acquitted him of rape and incest charges pertaining to three later incidents. Although, in performing weight of evidence review, we may consider these acquittals (see People v Rayam, 94 NY2d 557, 563 n [2000]), we find that the mixed verdict does not warrant a different conclusion. Aside…

2Cases cited8 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. DanielsonNew York Court of Appeals · 2007
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. RayamNew York Court of Appeals · 2000
  5. People v. KellyNew York Court of Appeals · 1984

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

3Cited by4 opinions

  1. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2013
  2. People v. KelleyNew York Court of Appeals · 2012
  3. In re the Grand Jury Proceeding against DoeOrange County Court · 2016
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 2013

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