Legal Opinion

People v. Irizarry

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

Decided January 28, 2016No. 37 1452/12PublishedCited by 5 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered November 27, 2013, convicting defendant, after a jury trial, of sexual abuse in the first degree and aggravated harassment in the second degree, and sentencing him to an aggregate term of seven years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). We find no basis to disturb the jury’s credibility findings. The victim’s upset demeanor and prompt report to his father after defendant’s attack supported the veracity of his trial testimony.

De…

2Cases cited4 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. GolbNew York Court of Appeals · 2014
  3. People v. ScottAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. MurphyAppellate Division of the Supreme Court of the State of New York · 2015

3Cited by5 opinions

  1. People v. BrownAppellate Division of the Supreme Court of the State of New York · 2020
  2. People v. Dixon (Charmaine)Appellate Terms of the Supreme Court of New York · 2018
  3. People v. Leibovitz (Etan)Appellate Terms of the Supreme Court of New York · 2018
  4. People v. Smith (Adrian)Appellate Terms of the Supreme Court of New York · 2017
  5. People v. Smith (Jeremiah)Appellate Terms of the Supreme Court of New York · 2017

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