People v. Banks

Appellate Division of the Supreme Court of New York

People v. Banks

303 A.D.2d 159, 754 N.Y.S.2d 880, 2003 N.Y. App. Div. LEXIS 1966

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

DecidedMarch 4, 2003

StatusPublished

This text of 303 A.D.2d 159 (People v. Banks) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Banks, 303 A.D.2d 159, 754 N.Y.S.2d 880, 2003 N.Y. App. Div. LEXIS 1966 (N.Y. Ct. App. 2003).

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Opinion

Judgment, Supreme Court, Bronx County (Troy Webber, J.), rendered May 3, 2001, convicting defendant, after a nonjury trial, of petit larceny, and sentencing him to three years’ probation, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues concerning the reliability of the identification, including the accuracy of the victim’s description, were properly consid[160]*160ered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Concur — Andrias, J.P., Saxe, Rosenberger, Williams and Gonzalez, JJ.

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Judgment, Supreme Court, Bronx County (Troy Webber, J.), rendered May 3, 2001, convicting defendant, after a nonjury trial, of petit larceny, and sentencing him to three years’ probation, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues concerning the reliability of the identification, including the accuracy of the victim’s description, were properly consid[160]*160ered by the court and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). Concur — Andrias, J.P., Saxe, Rosenberger, Williams and Gonzalez, JJ.

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Bluebook (online)

303 A.D.2d 159, 754 N.Y.S.2d 880, 2003 N.Y. App. Div. LEXIS 1966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-banks-nyappdiv-2003.

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