People v. DeJesus

Appellate Division of the Supreme Court of New York

People v. DeJesus

260 A.D.2d 301, 690 N.Y.S.2d 178, 1999 N.Y. App. Div. LEXIS 4394

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

DecidedApril 27, 1999

StatusPublished

Cited by1 cases

This text of 260 A.D.2d 301 (People v. DeJesus) 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. DeJesus, 260 A.D.2d 301, 690 N.Y.S.2d 178, 1999 N.Y. App. Div. LEXIS 4394 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered February 20, 1997, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Credibility issues were properly placed before the jury and we see no reason to disturb its findings (see, People v Gaimari, 176 NY 84, 94).

The court properly exercised its discretion in denying defendant’s motion for a mistrial made on the basis of a reference to uncharged crimes, since any possible prejudice to defendant was obviated by the court’s prompt curative instruction (see, People v Young, 48 NY2d 995). Concur — Williams, J. P., Rubin, Mazzarelli, Saxe and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered February 20, 1997, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Credibility issues were properly placed before the jury and we see no reason to disturb its findings (see, People v Gaimari, 176 NY 84, 94).

The court properly exercised its discretion in denying defendant’s motion for a mistrial made on the basis of a reference to uncharged crimes, since any possible prejudice to defendant was obviated by the court’s prompt curative instruction (see, People v Young, 48 NY2d 995). Concur — Williams, J. P., Rubin, Mazzarelli, Saxe and Friedman, JJ.

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Bluebook (online)

260 A.D.2d 301, 690 N.Y.S.2d 178, 1999 N.Y. App. Div. LEXIS 4394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dejesus-nyappdiv-1999.

Opinion

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