People v. Kirkland

Appellate Division of the Supreme Court of New York

People v. Kirkland

133 A.D.2d 126, 518 N.Y.S.2d 360, 1987 N.Y. App. Div. LEXIS 49646

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

DecidedAugust 10, 1987

StatusPublished

Cited by1 cases

This text of 133 A.D.2d 126 (People v. Kirkland) 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. Kirkland, 133 A.D.2d 126, 518 N.Y.S.2d 360, 1987 N.Y. App. Div. LEXIS 49646 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Schneier, J.), rendered November 1, 1985, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). There is no basis to disturb the jury’s determination crediting the testimony of the prosecution’s witnesses and not crediting the defendant’s testimony (see, People v Shapiro, 117 AD2d 688, lv denied 67 NY2d 950). Mangano, J. P., Bracken, Kunzeman and Harwood, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Schneier, J.), rendered November 1, 1985, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). There is no basis to disturb the jury’s determination crediting the testimony of the prosecution’s witnesses and not crediting the defendant’s testimony (see, People v Shapiro, 117 AD2d 688, lv denied 67 NY2d 950). Mangano, J. P., Bracken, Kunzeman and Harwood, JJ., concur.

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Bluebook (online)

133 A.D.2d 126, 518 N.Y.S.2d 360, 1987 N.Y. App. Div. LEXIS 49646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kirkland-nyappdiv-1987.

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