Legal Opinion

People v. Borges

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

Decided December 27, 2011PublishedCited by 20 opinions

1Opinion of the Court

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of burglary in the second degree beyond a reasonable doubt. Moreover, 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 [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, 2 NY3d 383, 410 [2004], cert denied…

2Cases cited27 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. DanielsonNew York Court of Appeals · 2007
  4. People v. RomeroNew York Court of Appeals · 2006
  5. People v. MateoNew York Court of Appeals · 2004

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3Cited by20 opinions

  1. People v. AlvarezAppellate Division of the Supreme Court of the State of New York · 2015
  2. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2015
  3. People v. GarciaAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. CampbellAppellate Division of the Supreme Court of the State of New York · 2013
  5. People v. ValdezAppellate Division of the Supreme Court of the State of New York · 2016

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