People v. Koonce

Appellate Division of the Supreme Court of New York

People v. Koonce

38 A.D.3d 1286, 834 N.Y.S.2d 909

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

DecidedMarch 16, 2007

StatusPublished

Cited by1 cases

This text of 38 A.D.3d 1286 (People v. Koonce) 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. Koonce, 38 A.D.3d 1286, 834 N.Y.S.2d 909 (N.Y. Ct. App. 2007).

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Opinion

Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered November 28, 2005. The judgment convicted defendant, after a nonjury trial, of sexual abuse in the first degree and endangering the welfare of a child.

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 nonjury trial of sexual abuse in the first degree (Penal Law § 130.65 [3]) and endangering the welfare of a child (§ 260.10 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see generally People v [1287]*1287Bleakley, 69 NY2d 490, 495 [1987]). “The credibility determinations of [Supreme 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]). The court properly denied defendant’s motion to dismiss the indictment pursuant to CPL 30.20 based upon its balancing of the appropriate factors (see People v Taranovich, 37 NY2d 442, 445 [1975]; People v Rogers, 8 AD3d 888, 889-890 [2004]; People v Carrillo, 191 AD2d 812, 813 [1993], lv denied 81 NY2d 1070 [1993]). Present—Hurlbutt, J.P., Martoche, Lunn, Peradotto and Green, JJ.

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Appeal from a judgment of the Supreme Court, Erie County (Mario J. Rossetti, A.J.), rendered November 28, 2005. The judgment convicted defendant, after a nonjury trial, of sexual abuse in the first degree and endangering the welfare of a child.

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 nonjury trial of sexual abuse in the first degree (Penal Law § 130.65 [3]) and endangering the welfare of a child (§ 260.10 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see generally People v [1287]*1287Bleakley, 69 NY2d 490, 495 [1987]). “The credibility determinations of [Supreme 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]). The court properly denied defendant’s motion to dismiss the indictment pursuant to CPL 30.20 based upon its balancing of the appropriate factors (see People v Taranovich, 37 NY2d 442, 445 [1975]; People v Rogers, 8 AD3d 888, 889-890 [2004]; People v Carrillo, 191 AD2d 812, 813 [1993], lv denied 81 NY2d 1070 [1993]). Present—Hurlbutt, J.P., Martoche, Lunn, Peradotto and Green, JJ.

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Bluebook (online)

38 A.D.3d 1286, 834 N.Y.S.2d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-koonce-nyappdiv-2007.

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