People v. Castro

90 A.D.3d 946, 934 N.Y.2d 723

This text of 90 A.D.3d 946 (People v. Castro) 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. Castro, 90 A.D.3d 946, 934 N.Y.2d 723 (N.Y. Ct. App. 2011).

Opinion

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Aviles, 87 AD3d 547, 548 [2011]; People v McNeil, 86 AD3d 650, 651 [2011]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contention is without merit. Skelos, J.E, Belen, Lott and Cohen, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Mateo
811 N.E.2d 1053 (New York Court of Appeals, 2004)
People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)
People v. Romero
859 N.E.2d 902 (New York Court of Appeals, 2006)
People v. Bleakley
508 N.E.2d 672 (New York Court of Appeals, 1987)
People v. McNeil
86 A.D.3d 650 (Appellate Division of the Supreme Court of New York, 2011)
People v. Aviles
87 A.D.3d 547 (Appellate Division of the Supreme Court of New York, 2011)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
90 A.D.3d 946, 934 N.Y.2d 723, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-castro-nyappdiv-2011.