People v. Boyce

Appellate Division of the Supreme Court of New York

People v. Boyce

281 A.D.2d 554, 721 N.Y.S.2d 812, 2001 N.Y. App. Div. LEXIS 2594

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

DecidedMarch 19, 2001

StatusPublished

This text of 281 A.D.2d 554 (People v. Boyce) 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. Boyce, 281 A.D.2d 554, 721 N.Y.S.2d 812, 2001 N.Y. App. Div. LEXIS 2594 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered September 3, 1997, convicting him of criminal possession of a forged instrument in the second degree (21 counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People, the evidence was legally sufficient to support the convictions (see, People v Contes, 60 NY2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant claims that a prosecution witness was allowed to give expert testimony without being certified as an expert. However, the witness was qualified to give the elicited testimony. The failure of the court to so certify the witness only served to benefit the defendant (see, People v Robinson, 123 AD2d 455). Altman, J. P., McGinity, Luciano and H. Miller, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered September 3, 1997, convicting him of criminal possession of a forged instrument in the second degree (21 counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People, the evidence was legally sufficient to support the convictions (see, People v Contes, 60 NY2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant claims that a prosecution witness was allowed to give expert testimony without being certified as an expert. However, the witness was qualified to give the elicited testimony. The failure of the court to so certify the witness only served to benefit the defendant (see, People v Robinson, 123 AD2d 455). Altman, J. P., McGinity, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

281 A.D.2d 554, 721 N.Y.S.2d 812, 2001 N.Y. App. Div. LEXIS 2594, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boyce-nyappdiv-2001.

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