People v. Ellison

Appellate Division of the Supreme Court of New York

People v. Ellison

302 A.D.2d 955, 753 N.Y.S.2d 922, 2003 N.Y. App. Div. LEXIS 965

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

DecidedFebruary 7, 2003

StatusPublished

Cited by6 cases

This text of 302 A.D.2d 955 (People v. Ellison) 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. Ellison, 302 A.D.2d 955, 753 N.Y.S.2d 922, 2003 N.Y. App. Div. LEXIS 965 (N.Y. Ct. App. 2003).

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Opinion

Appeal from a judgment of Supreme Court, Monroe County (Fisher, J.), entered June 19, 2001, convicting defendant after a nonjury trial of sodomy in the first degree.

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

Memorandum: Defendant appeals from a judgment convicting him of sodomy in the first degree (Penal Law former § 130.50 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495). The credibility of the victim is an issue for the factfinder to resolve, and we cannot conclude that the fact-finder failed to give the evidence the weight it should be accorded (see id.). The sentence is not unduly harsh or severe. Present — Pigott, Jr., P.J., Green, Scudder, Gorski and Lawton, JJ.

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Appeal from a judgment of Supreme Court, Monroe County (Fisher, J.), entered June 19, 2001, convicting defendant after a nonjury trial of sodomy in the first degree.

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

Memorandum: Defendant appeals from a judgment convicting him of sodomy in the first degree (Penal Law former § 130.50 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495). The credibility of the victim is an issue for the factfinder to resolve, and we cannot conclude that the fact-finder failed to give the evidence the weight it should be accorded (see id.). The sentence is not unduly harsh or severe. Present — Pigott, Jr., P.J., Green, Scudder, Gorski and Lawton, JJ.

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Bluebook (online)

302 A.D.2d 955, 753 N.Y.S.2d 922, 2003 N.Y. App. Div. LEXIS 965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ellison-nyappdiv-2003.

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