People v. Caldwell (Daniel)

CourtAppellate Terms of the Supreme Court of New York
DecidedApril 19, 2018
Docket2018 NYSlipOp 50589(U)
StatusPublished

This text of People v. Caldwell (Daniel) (People v. Caldwell (Daniel)) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court 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. Caldwell (Daniel), (N.Y. Ct. App. 2018).

Opinion



The People of the State of New York, Respondent,

against

Daniel Caldwell, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Robert M. Mandelbaum, J.), rendered September 23, 2014, after a nonjury trial, convicting him of driving while impaired, and imposing sentence.

Per Curiam.

Judgment of conviction (Robert M. Mandelbaum, J.), rendered September 23, 2014, affirmed.

The verdict convicting defendant of driving while ability impaired (see Vehicle and Traffic Law § 1192[1]) was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). The inconsistencies in the testimony and other credibility issues raised by defendant were properly placed before the trier of fact, and we find no basis on the record to disturb its findings.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur


Decision Date: April 19, 2018

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Related

People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)

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People v. Caldwell (Daniel), Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-caldwell-daniel-nyappterm-2018.