People v. Byles

Appellate Division of the Supreme Court of New York

People v. Byles

289 A.D.2d 179, 735 N.Y.S.2d 387, 2001 N.Y. App. Div. LEXIS 12830

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

DecidedDecember 27, 2001

StatusPublished

This text of 289 A.D.2d 179 (People v. Byles) 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. Byles, 289 A.D.2d 179, 735 N.Y.S.2d 387, 2001 N.Y. App. Div. LEXIS 12830 (N.Y. Ct. App. 2001).

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Opinion

Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered November 9, 1998, convicting defendant, after a jury trial, of burglary in the first degree and assault in the second and third degrees, and sentencing him to concurrent terms of 3V2 to 7 years, 3V2 to 7 years and one year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant’s justification defense beyond a reasonable doubt. Conflicting versions of the incident were properly considered by the trier of facts and there is no basis upon which to disturb its credibility determinations (see, People v Gaimari, 176 NY 84, 94). The fact that defendant was acquitted of one of the counts of the indictment does not warrant a different conclusion (see, People v Rayam, 94 NY2d 557). Evidence properly credited by the jury established every element of the crimes of which defendant was convicted. Concur — Rosenberger, J. P., Ellerin, Wallach, Rubin and Marlow, JJ.

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Judgment, Supreme Court, Bronx County (Peter Benitez, J.), rendered November 9, 1998, convicting defendant, after a jury trial, of burglary in the first degree and assault in the second and third degrees, and sentencing him to concurrent terms of 3V2 to 7 years, 3V2 to 7 years and one year, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People disproved defendant’s justification defense beyond a reasonable doubt. Conflicting versions of the incident were properly considered by the trier of facts and there is no basis upon which to disturb its credibility determinations (see, People v Gaimari, 176 NY 84, 94). The fact that defendant was acquitted of one of the counts of the indictment does not warrant a different conclusion (see, People v Rayam, 94 NY2d 557). Evidence properly credited by the jury established every element of the crimes of which defendant was convicted. Concur — Rosenberger, J. P., Ellerin, Wallach, Rubin and Marlow, JJ.

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Bluebook (online)

289 A.D.2d 179, 735 N.Y.S.2d 387, 2001 N.Y. App. Div. LEXIS 12830, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-byles-nyappdiv-2001.

Opinion

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