People v. Mawhinney

Appellate Division of the Supreme Court of New York

People v. Mawhinney

241 A.D.2d 332, 659 N.Y.S.2d 35, 1997 N.Y. App. Div. LEXIS 7044

Appellate Division of the Supreme Court of the State of New York·Decided July 1, 1997·Published

Opinion

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered January 30, 1995, convicting defendant, after a nonjury trial, of two counts of sodomy in the second degree, and sentencing him, as a persistent felony offender, to concurrent terms of 15 years to life, unanimously affirmed.

The court’s verdict rejecting defendant’s affirmative defense of lack of criminal responsibility by reason of mental disease or defect (Penal Law § 40.15) was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). We see no reason to disturb the court’s evaluation (163 Misc 2d 329), under the statutory standard, of conflicting expert testimony.

The court properly exercised its discretion in adjudicating defendant a persistent felony offender. Concur—Rosenberger, J. P., Nardelli, Rubin, Williams and Mazzarelli, JJ. [See, 163 Misc 2d 329.]

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Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered January 30, 1995, convicting defendant, after a nonjury trial, of two counts of sodomy in the second degree, and sentencing him, as a persistent felony offender, to concurrent terms of 15 years to life, unanimously affirmed.

The court’s verdict rejecting defendant’s affirmative defense of lack of criminal responsibility by reason of mental disease or defect (Penal Law § 40.15) was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). We see no reason to disturb the court’s evaluation (163 Misc 2d 329), under the statutory standard, of conflicting expert testimony.

The court properly exercised its discretion in adjudicating defendant a persistent felony offender. Concur—Rosenberger, J. P., Nardelli, Rubin, Williams and Mazzarelli, JJ. [See, 163 Misc 2d 329.]

People v. Mawhinney, 241 A.D.2d 332, 659 N.Y.S.2d 35, 1997 N.Y. App. Div. LEXIS 7044 (N.Y. Ct. App. 1997).

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Opinion

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