People v. Fulton

Appellate Division of the Supreme Court of New York

People v. Fulton

61 A.D.3d 1425, 879 N.Y.S.2d 262

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

DecidedApril 24, 2009

StatusPublished

This text of 61 A.D.3d 1425 (People v. Fulton) 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. Fulton, 61 A.D.3d 1425, 879 N.Y.S.2d 262 (N.Y. Ct. App. 2009).

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Opinion

Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered May 30, 2006. The judgment convicted [1426]*1426defendant, upon a jury verdict, of menacing in the second degree and criminal possession of a weapon in the third degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of menacing in the second degree (Penal Law § 120.14 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (see People v Gray, 86 NY2d 10, 19 [1995]). Furthermore, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). The testimony of the People’s witnesses was not “ ‘so unworthy of belief as to be incredible as a matter of law’ ” (People v Woods, 26 AD3d 818, 819 [2006], lv denied 7 NY3d 765 [2006]; see People v Ogborn, 57 AD3d 1430 [2008]), and we see no reason to disturb the jury’s resolution of credibility issues (see generally Bleakley, 69 NY2d at 495). Present—Hurlbutt, J.P., Martoche, Centra, Pine and Gorski, JJ.

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Appeal from a judgment of the Supreme Court, Onondaga County (John J. Brunetti, A.J.), rendered May 30, 2006. The judgment convicted [1426]*1426defendant, upon a jury verdict, of menacing in the second degree and criminal possession of a weapon in the third degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of menacing in the second degree (Penal Law § 120.14 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction (see People v Gray, 86 NY2d 10, 19 [1995]). Furthermore, viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). The testimony of the People’s witnesses was not “ ‘so unworthy of belief as to be incredible as a matter of law’ ” (People v Woods, 26 AD3d 818, 819 [2006], lv denied 7 NY3d 765 [2006]; see People v Ogborn, 57 AD3d 1430 [2008]), and we see no reason to disturb the jury’s resolution of credibility issues (see generally Bleakley, 69 NY2d at 495). Present—Hurlbutt, J.P., Martoche, Centra, Pine and Gorski, JJ.

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Bluebook (online)

61 A.D.3d 1425, 879 N.Y.S.2d 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fulton-nyappdiv-2009.

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