People v. Colvin

Appellate Division of the Supreme Court of New York

People v. Colvin

19 A.D.3d 1006, 796 N.Y.S.2d 283, 2005 N.Y. App. Div. LEXIS 6317

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

DecidedJune 10, 2005

StatusPublished

This text of 19 A.D.3d 1006 (People v. Colvin) 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. Colvin, 19 A.D.3d 1006, 796 N.Y.S.2d 283, 2005 N.Y. App. Div. LEXIS 6317 (N.Y. Ct. App. 2005).

Pincite

Opinion

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered May 16, 2002. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, following a jury trial, of murder in the second degree (Penal Law § 125.25 [1]), defendant contends that the verdict is against the weight of the evidence and that the conviction is not supported by legally sufficient evidence. We reject those contentions (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). There were several eyewitnesses to the shooting, and it cannot be said that the testimony of those witnesses was incredible as a matter of law (see People v Butler, 2 AD3d 1457 [2003], lv denied 3 NY3d 637 [2004]; People v Stroman, 83 AD2d 370, 372-373 [1981]). Nor is there merit to defendant’s contention that the sentence is unduly harsh or severe. We have considered the contentions raised in defendant’s pro se supplemental brief and conclude that they are without merit. Present—Green, J.P., Hurlbutt, Martoche, Lawton and Hayes, JJ.

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

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered May 16, 2002. The judgment convicted defendant, upon a jury verdict, of murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, following a jury trial, of murder in the second degree (Penal Law § 125.25 [1]), defendant contends that the verdict is against the weight of the evidence and that the conviction is not supported by legally sufficient evidence. We reject those contentions (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). There were several eyewitnesses to the shooting, and it cannot be said that the testimony of those witnesses was incredible as a matter of law (see People v Butler, 2 AD3d 1457 [2003], lv denied 3 NY3d 637 [2004]; People v Stroman, 83 AD2d 370, 372-373 [1981]). Nor is there merit to defendant’s contention that the sentence is unduly harsh or severe. We have considered the contentions raised in defendant’s pro se supplemental brief and conclude that they are without merit. Present—Green, J.P., Hurlbutt, Martoche, Lawton and Hayes, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

19 A.D.3d 1006, 796 N.Y.S.2d 283, 2005 N.Y. App. Div. LEXIS 6317, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-colvin-nyappdiv-2005.

Opinion

Related

Cite This Page — Counsel Stack