People v. Iznaga

Appellate Division of the Supreme Court of New York

People v. Iznaga

199 A.D.2d 85, 605 N.Y.S.2d 863, 1993 N.Y. App. Div. LEXIS 11915

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

DecidedDecember 14, 1993

StatusPublished

This text of 199 A.D.2d 85 (People v. Iznaga) 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. Iznaga, 199 A.D.2d 85, 605 N.Y.S.2d 863, 1993 N.Y. App. Div. LEXIS 11915 (N.Y. Ct. App. 1993).

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Opinion

Judgment, Supreme Court, Bronx County (Bonnie Wittner, J.), rendered May 12, 1992, convicting defendant, after a non-jury trial, of three counts of rape in the first degree and two counts of sodomy in the first degree, and sentencing him as a second [86]*86violent felony offender to five concurrent terms of 10 to 20 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People and recognizing that credibility is for the trier of facts (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), we find that the evidence was legally sufficient. Furthermore, the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). We also find that the sentence was fair and proper under the circumstances. Concur—Murphy, P. J., Sullivan, Ross and Asch, JJ.

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Judgment, Supreme Court, Bronx County (Bonnie Wittner, J.), rendered May 12, 1992, convicting defendant, after a non-jury trial, of three counts of rape in the first degree and two counts of sodomy in the first degree, and sentencing him as a second [86]*86violent felony offender to five concurrent terms of 10 to 20 years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People and recognizing that credibility is for the trier of facts (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), we find that the evidence was legally sufficient. Furthermore, the verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). We also find that the sentence was fair and proper under the circumstances. Concur—Murphy, P. J., Sullivan, Ross and Asch, JJ.

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Bluebook (online)

199 A.D.2d 85, 605 N.Y.S.2d 863, 1993 N.Y. App. Div. LEXIS 11915, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-iznaga-nyappdiv-1993.

Opinion

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