People v. Hester

121 A.D.3d 815, 992 N.Y.S.2d 906
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 8, 2014
Docket2011-04772
StatusPublished

This text of 121 A.D.3d 815 (People v. Hester) 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. Hester, 121 A.D.3d 815, 992 N.Y.S.2d 906 (N.Y. Ct. App. 2014).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered April 18, 2011, convicting him of bail jumping in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the defendant, there is no reasonable view of the evidence that would have permitted the jury to find that the affirmative defense to bail jumping under Penal Law § 215.59 was established by a preponderance of the evidence (see People v Taylor, 80 NY2d 1, 12 [1992]). Therefore, the trial court did not err in denying the defendant’s request for such a charge.

Dillon, J.P, Balkin, Cohen and Barros, JJ., concur.

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

Related

People v. Taylor
598 N.E.2d 693 (New York Court of Appeals, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
121 A.D.3d 815, 992 N.Y.S.2d 906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hester-nyappdiv-2014.