People v. Hopson

Appellate Division of the Supreme Court of New York

People v. Hopson

2 A.D.3d 1399, 768 N.Y.S.2d 879, 2003 N.Y. App. Div. LEXIS 14395

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

DecidedDecember 31, 2003

StatusPublished

This text of 2 A.D.3d 1399 (People v. Hopson) 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. Hopson, 2 A.D.3d 1399, 768 N.Y.S.2d 879, 2003 N.Y. App. Div. LEXIS 14395 (N.Y. Ct. App. 2003).

Pincite

Opinion

— Appeal from a judgment of Monroe County Court (Maloy, J.), entered January 21, 1998, convicting defendant after a nonjury trial of murder in the second degree and criminal possession of a weapon in the second 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 after a bench trial of murder in the second degree (Penal Law § 125.25 [1]) and criminal possession a weapon in the second degree (§ 265.03 [2]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]). “The credibility determinations of County Court are entitled to great deference . . ., and there is no basis to conclude that the court failed to give the evidence the weight that it should be accorded” (People v Scott, 289 AD2d 974, 975 [2001], lv denied 97 NY2d 733 [2002]). Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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— Appeal from a judgment of Monroe County Court (Maloy, J.), entered January 21, 1998, convicting defendant after a nonjury trial of murder in the second degree and criminal possession of a weapon in the second 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 after a bench trial of murder in the second degree (Penal Law § 125.25 [1]) and criminal possession a weapon in the second degree (§ 265.03 [2]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]). “The credibility determinations of County Court are entitled to great deference . . ., and there is no basis to conclude that the court failed to give the evidence the weight that it should be accorded” (People v Scott, 289 AD2d 974, 975 [2001], lv denied 97 NY2d 733 [2002]). Present—Pine, J.P., Wisner, Scudder, Gorski and Lawton, JJ.

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Bluebook (online)

2 A.D.3d 1399, 768 N.Y.S.2d 879, 2003 N.Y. App. Div. LEXIS 14395, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hopson-nyappdiv-2003.

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