People v. Cabreja

Appellate Division of the Supreme Court of New York

People v. Cabreja

291 A.D.2d 249, 736 N.Y.S.2d 875, 2002 N.Y. App. Div. LEXIS 1404

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

DecidedFebruary 7, 2002

StatusPublished

This text of 291 A.D.2d 249 (People v. Cabreja) 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. Cabreja, 291 A.D.2d 249, 736 N.Y.S.2d 875, 2002 N.Y. App. Div. LEXIS 1404 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered March 12, 1997, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). The credible evidence clearly established that [250]*250defendant shot the victim, and defendant’s acquittal of other charges does not warrant a different conclusion.

By requesting the submission of manslaughter in the second degree as a lesser included offense of murder in the second degree and manslaughter in the first degree, defendant waived his right to challenge such submission (People v Richardson, 88 NY2d 1049, 1051), which was, in any event, supported by a reasonable view of the evidence. Concur — Williams, J.P., Saxe, Ellerin, Lerner and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered March 12, 1997, convicting defendant, after a jury trial, of manslaughter in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). The credible evidence clearly established that [250]*250defendant shot the victim, and defendant’s acquittal of other charges does not warrant a different conclusion.

By requesting the submission of manslaughter in the second degree as a lesser included offense of murder in the second degree and manslaughter in the first degree, defendant waived his right to challenge such submission (People v Richardson, 88 NY2d 1049, 1051), which was, in any event, supported by a reasonable view of the evidence. Concur — Williams, J.P., Saxe, Ellerin, Lerner and Friedman, JJ.

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Bluebook (online)

291 A.D.2d 249, 736 N.Y.S.2d 875, 2002 N.Y. App. Div. LEXIS 1404, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cabreja-nyappdiv-2002.

Opinion

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