People v. Cloyce

Appellate Division of the Supreme Court of New York

People v. Cloyce

37 A.D.3d 339, 828 N.Y.S.2d 892

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

DecidedFebruary 22, 2007

StatusPublished

This text of 37 A.D.3d 339 (People v. Cloyce) 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. Cloyce, 37 A.D.3d 339, 828 N.Y.S.2d 892 (N.Y. Ct. App. 2007).

Pincite

Opinion

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered March 4, 2005, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree and petit larceny, and sentencing him, as a second felony offender, to an aggregate term of 3 to 6 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence warranted the conclusion that defendant possessed a knife with intent to use it unlawfully, in that during a shoplifting incident he pointed it at a store employee in a threatening manner. Concur—Andrias, J.E, Sullivan, Williams, Sweeny and Malone, JJ.

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

Judgment, Supreme Court, New York County (John Cataldo, J.), rendered March 4, 2005, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree and petit larceny, and sentencing him, as a second felony offender, to an aggregate term of 3 to 6 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court’s determinations concerning credibility (see People v Bleakley, 69 NY2d 490, 495 [1987]). The evidence warranted the conclusion that defendant possessed a knife with intent to use it unlawfully, in that during a shoplifting incident he pointed it at a store employee in a threatening manner. Concur—Andrias, J.E, Sullivan, Williams, Sweeny and Malone, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

37 A.D.3d 339, 828 N.Y.S.2d 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cloyce-nyappdiv-2007.

Opinion

Related

Cite This Page — Counsel Stack