People v. Holton

Appellate Division of the Supreme Court of New York

People v. Holton

286 A.D.2d 612, 730 N.Y.S.2d 222, 2001 N.Y. App. Div. LEXIS 8579

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

DecidedSeptember 18, 2001

StatusPublished

This text of 286 A.D.2d 612 (People v. Holton) 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. Holton, 286 A.D.2d 612, 730 N.Y.S.2d 222, 2001 N.Y. App. Div. LEXIS 8579 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered July 13, 1998, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 4 to 8 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility were properly considered by the trier of facts [613]*613and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). Defendant’s guilt was properly established by the testimony of the victim and an eyewitness, by physical evidence, and by defendant’s admissions to the arresting officer.

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review, these claims, we would find no basis for reversal. Concur — Rubin, J. P., Saxe, Buckley, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered July 13, 1998, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 4 to 8 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Issues of credibility were properly considered by the trier of facts [613]*613and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). Defendant’s guilt was properly established by the testimony of the victim and an eyewitness, by physical evidence, and by defendant’s admissions to the arresting officer.

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review, these claims, we would find no basis for reversal. Concur — Rubin, J. P., Saxe, Buckley, Friedman and Marlow, JJ.

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Bluebook (online)

286 A.D.2d 612, 730 N.Y.S.2d 222, 2001 N.Y. App. Div. LEXIS 8579, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holton-nyappdiv-2001.

Opinion

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