People v. Jenkins

Appellate Division of the Supreme Court of New York

People v. Jenkins

80 A.D.3d 434, 913 N.Y.S.2d 556

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

DecidedJanuary 4, 2011

StatusPublished

This text of 80 A.D.3d 434 (People v. Jenkins) 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. Jenkins, 80 A.D.3d 434, 913 N.Y.S.2d 556 (N.Y. Ct. App. 2011).

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Opinion

— Judgment, Supreme Court, Bronx County (Peter J. Benitez, J), rendered September 25, 2008, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 20 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility and identification. We note that the testimony of the People’s identifying witness was corroborated by persuasive circumstantial evidence.

We perceive no basis for reducing the sentence. Concur— Tom, J.P., Moskowitz, Freedman, Richter and Manzanet-Daniels, JJ.

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— Judgment, Supreme Court, Bronx County (Peter J. Benitez, J), rendered September 25, 2008, convicting defendant, after a jury trial, of manslaughter in the first degree, and sentencing him to a term of 20 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility and identification. We note that the testimony of the People’s identifying witness was corroborated by persuasive circumstantial evidence.

We perceive no basis for reducing the sentence. Concur— Tom, J.P., Moskowitz, Freedman, Richter and Manzanet-Daniels, JJ.

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Bluebook (online)

80 A.D.3d 434, 913 N.Y.S.2d 556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-jenkins-nyappdiv-2011.

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