Legal Opinion

People v. Erby

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

Decided July 2, 2002Published

1Opinion of the Court

—Judgment, Supreme Court, New York County (Colleen McMahon, J.), rendered July 28, 1998, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second felony offender, to an aggregate term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). Issues of credibility and identification were properly presented to the jury and we find no reason to disturb its…

2Cases cited8 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. Waller v. GeorgiaSupreme Court of the United States · 1984
  3. People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
  4. People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
  5. People v. BallsNew York Court of Appeals · 1986

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