People v. Bates

Appellate Division of the Supreme Court of New York

People v. Bates

301 A.D.2d 432, 752 N.Y.S.2d 878, 2003 N.Y. App. Div. LEXIS 298

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

DecidedJanuary 16, 2003

StatusPublished

This text of 301 A.D.2d 432 (People v. Bates) 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. Bates, 301 A.D.2d 432, 752 N.Y.S.2d 878, 2003 N.Y. App. Div. LEXIS 298 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered September 22, 1999, convicting defendant, after a nonjury trial, of manslaughter in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and one year, respectively, unanimously affirmed.

The court’s verdict was not against the weight of the evidence. As we concluded on the codefendant’s appeal (People v Escalona, 279 AD2d 373, lv denied 96 NY2d 799), there is no basis for disturbing the court’s determinations concerning credibility. The record fails to support defendant’s assertion that the forensic evidence validated his testimony.

We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Andrias, Saxe, Ellerin and Lerner, JJ.

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—Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered September 22, 1999, convicting defendant, after a nonjury trial, of manslaughter in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years and one year, respectively, unanimously affirmed.

The court’s verdict was not against the weight of the evidence. As we concluded on the codefendant’s appeal (People v Escalona, 279 AD2d 373, lv denied 96 NY2d 799), there is no basis for disturbing the court’s determinations concerning credibility. The record fails to support defendant’s assertion that the forensic evidence validated his testimony.

We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Andrias, Saxe, Ellerin and Lerner, JJ.

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Bluebook (online)

301 A.D.2d 432, 752 N.Y.S.2d 878, 2003 N.Y. App. Div. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bates-nyappdiv-2003.

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