People v. LaTempa

Appellate Division of the Supreme Court of New York

People v. LaTempa

132 A.D.3d 427, 17 N.Y.S.3d 293

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

DecidedOctober 6, 2015

Docket15779 2411/13

StatusPublished

This text of 132 A.D.3d 427 (People v. LaTempa) 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. LaTempa, 132 A.D.3d 427, 17 N.Y.S.3d 293 (N.Y. Ct. App. 2015).

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Opinion

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 13, 2014, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and menacing in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 2½ to 5 years, unanimously affirmed.

The verdict is not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its evaluation of inconsistencies in testimony.

We perceive no basis for reducing the sentence.

Concur— Gonzalez, P.J., Mazzarelli, Sweeny, Richter and ManzanetDaniels, JJ.

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Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered January 13, 2014, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and menacing in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 2½ to 5 years, unanimously affirmed.

The verdict is not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its evaluation of inconsistencies in testimony.

We perceive no basis for reducing the sentence.

Concur— Gonzalez, P.J., Mazzarelli, Sweeny, Richter and ManzanetDaniels, JJ.

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Bluebook (online)

132 A.D.3d 427, 17 N.Y.S.3d 293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-latempa-nyappdiv-2015.

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