People v. Chambers

Appellate Division of the Supreme Court of New York

People v. Chambers

38 A.D.3d 913, 831 N.Y.S.2d 341

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

DecidedMarch 27, 2007

StatusPublished

This text of 38 A.D.3d 913 (People v. Chambers) 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. Chambers, 38 A.D.3d 913, 831 N.Y.S.2d 341 (N.Y. Ct. App. 2007).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Giacobbe, J.), rendered August 20, 2004, convicting her of assault in the third degree, tampering with a witness in the second degree, and intimidating a witness in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that her convictions of assault in the third degree, tampering with a witness in the second degree, and intimidating a witness in the second degree were not supported by legally sufficient evidence is unpreserved for appellate review (see People v Gray, 86 NY2d 10, 19-21 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant’s guilt of these crimes (see People v Calabria, 3 NY3d 80, 81-82 [2004]). Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The defendant’s remaining contentions are without merit. Rivera, J.E, Ritter, Goldstein and Angiolillo, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Giacobbe, J.), rendered August 20, 2004, convicting her of assault in the third degree, tampering with a witness in the second degree, and intimidating a witness in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that her convictions of assault in the third degree, tampering with a witness in the second degree, and intimidating a witness in the second degree were not supported by legally sufficient evidence is unpreserved for appellate review (see People v Gray, 86 NY2d 10, 19-21 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant’s guilt of these crimes (see People v Calabria, 3 NY3d 80, 81-82 [2004]). Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The defendant’s remaining contentions are without merit. Rivera, J.E, Ritter, Goldstein and Angiolillo, JJ., concur.

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Bluebook (online)

38 A.D.3d 913, 831 N.Y.S.2d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chambers-nyappdiv-2007.

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