Legal Opinion
People v. Torres
Appellate Division of the Supreme Court of the State of New York
Decided February 26, 1990PublishedCited by 5 opinions
1Opinion of the Court
Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt. The *731evidence established that the defendant shared the intent of his accomplices and was not acting under duress. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict is not against the weight of the evidence (CPL 470.15 [5]). The question of whether the defendant was acting under duress is primarily one of credibility, which is to be determined by the jury (see, People v…
2Cases cited9 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. AdamsNew York Court of Appeals · 1981
- People v. CosmeNew York Court of Appeals · 1979
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People v. DeversAppellate Division of the Supreme Court of the State of New York · 2011
- People v. McKinnonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. HarveyAppellate Division of the Supreme Court of the State of New York · 1991
- People v. BoydAppellate Division of the Supreme Court of the State of New York · 2009
- People v. StephensAppellate Division of the Supreme Court of the State of New York · 1991