People v. Locke

Appellate Division of the Supreme Court of New York

People v. Locke

295 A.D.2d 991, 743 N.Y.S.2d 357, 2002 N.Y. App. Div. LEXIS 6253

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

DecidedJune 14, 2002

StatusPublished

Cited by1 cases

This text of 295 A.D.2d 991 (People v. Locke) 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. Locke, 295 A.D.2d 991, 743 N.Y.S.2d 357, 2002 N.Y. App. Div. LEXIS 6253 (N.Y. Ct. App. 2002).

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Opinion

—Appeal from a judgment of Onondaga County Court (Walsh, J.), entered March 6, 2001, convicting defendant after a jury trial of, inter alia, perjury in the first degree.

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 her following a jury trial of perjury in the first degree (Penal Law § 210.15), attempted grand larceny in the second degree (§§ 110.00, 155.40 [1]), and insurance fraud in the second degree (§ 176.25). Contrary to defendant’s contention, the verdict is not against the weight of the evidence. We cannot conclude that the testimony of the prosecution witnesses was incredible as a matter of law (see People v Drake, 247 AD2d 855, 856, lv denied 92 NY2d 851), nor can we conclude that the jurors, “whose credibility determinations are accorded great deference” (People v Clark, 292 AD2d 816, 816-817), failed to give the evidence the weight it should be accorded (see People v Bleakley, 69 NY2d 490, 495). Present—Pigott, Jr., P.J., Pine, Hayes, Wisner and Hurlbutt, JJ.

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—Appeal from a judgment of Onondaga County Court (Walsh, J.), entered March 6, 2001, convicting defendant after a jury trial of, inter alia, perjury in the first degree.

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 her following a jury trial of perjury in the first degree (Penal Law § 210.15), attempted grand larceny in the second degree (§§ 110.00, 155.40 [1]), and insurance fraud in the second degree (§ 176.25). Contrary to defendant’s contention, the verdict is not against the weight of the evidence. We cannot conclude that the testimony of the prosecution witnesses was incredible as a matter of law (see People v Drake, 247 AD2d 855, 856, lv denied 92 NY2d 851), nor can we conclude that the jurors, “whose credibility determinations are accorded great deference” (People v Clark, 292 AD2d 816, 816-817), failed to give the evidence the weight it should be accorded (see People v Bleakley, 69 NY2d 490, 495). Present—Pigott, Jr., P.J., Pine, Hayes, Wisner and Hurlbutt, JJ.

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Bluebook (online)

295 A.D.2d 991, 743 N.Y.S.2d 357, 2002 N.Y. App. Div. LEXIS 6253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-locke-nyappdiv-2002.

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