People v. Boines

Appellate Division of the Supreme Court of New York

People v. Boines

287 A.D.2d 348, 731 N.Y.S.2d 381, 2001 N.Y. App. Div. LEXIS 9671

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

DecidedOctober 18, 2001

StatusPublished

This text of 287 A.D.2d 348 (People v. Boines) 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. Boines, 287 A.D.2d 348, 731 N.Y.S.2d 381, 2001 N.Y. App. Div. LEXIS 9671 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered July 6, 2000, convicting defendant, after a nonjury trial, of criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility and identification (see, People v Bleakley, 69 NY2d 490). The officers who identified defendant as the driver of the stolen van had an ample opportunity to observe defendant in good lighting conditions and only lost sight of him for a few seconds. Concur — Wallach, J. P., Rubin, Buckley, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered July 6, 2000, convicting defendant, after a nonjury trial, of criminal possession of stolen property in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility and identification (see, People v Bleakley, 69 NY2d 490). The officers who identified defendant as the driver of the stolen van had an ample opportunity to observe defendant in good lighting conditions and only lost sight of him for a few seconds. Concur — Wallach, J. P., Rubin, Buckley, Friedman and Marlow, JJ.

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Bluebook (online)

287 A.D.2d 348, 731 N.Y.S.2d 381, 2001 N.Y. App. Div. LEXIS 9671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boines-nyappdiv-2001.

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