People v. Lewis

Appellate Division of the Supreme Court of New York

People v. Lewis

280 A.D.2d 425, 721 N.Y.S.2d 500, 2001 N.Y. App. Div. LEXIS 1942

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

DecidedFebruary 27, 2001

StatusPublished

This text of 280 A.D.2d 425 (People v. Lewis) 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. Lewis, 280 A.D.2d 425, 721 N.Y.S.2d 500, 2001 N.Y. App. Div. LEXIS 1942 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered October 21, 1998, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree and menacing in the second degree, and sentencing him to concurrent terms of 2Vs to 7 years and 1 year, respectively, unanimously affirmed.

The verdict was supported by sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. Although defendant alleges there were discrepancies in the testimony of the People’s witnesses, any inconsistencies in [426]*426their accounts were slight and readily explained by the different vantage points from which the victim and her husband witnessed the attack. That the police did not recover the knife involved does not warrant a different conclusion considering that defendant had ample opportunity to dispose of it.

We have considered and rejected defendant’s remaining claims. Concur — Mazzarelli, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered October 21, 1998, convicting defendant, after a nonjury trial, of criminal possession of a weapon in the third degree and menacing in the second degree, and sentencing him to concurrent terms of 2Vs to 7 years and 1 year, respectively, unanimously affirmed.

The verdict was supported by sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the court’s determinations concerning credibility. Although defendant alleges there were discrepancies in the testimony of the People’s witnesses, any inconsistencies in [426]*426their accounts were slight and readily explained by the different vantage points from which the victim and her husband witnessed the attack. That the police did not recover the knife involved does not warrant a different conclusion considering that defendant had ample opportunity to dispose of it.

We have considered and rejected defendant’s remaining claims. Concur — Mazzarelli, J. P., Ellerin, Wallach, Rubin and Saxe, JJ.

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Bluebook (online)

280 A.D.2d 425, 721 N.Y.S.2d 500, 2001 N.Y. App. Div. LEXIS 1942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lewis-nyappdiv-2001.