People v. McGowan

Appellate Division of the Supreme Court of New York

People v. McGowan

113 A.D.3d 449, 977 N.Y.2d 891

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

DecidedJanuary 14, 2014

StatusPublished

This text of 113 A.D.3d 449 (People v. McGowan) 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. McGowan, 113 A.D.3d 449, 977 N.Y.2d 891 (N.Y. Ct. App. 2014).

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Opinion

The verdict was 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 determinations concerning credibility and identification. In addition to the victim’s testimony, recorded phone calls made by defendant while he was incarcerated pending trial provided persuasive evidence of defendant’s guilt.

We perceive no basis for reducing the sentence. Concur — Sweeny, J.P., Renwick, Andrias, Freedman and Feinman, JJ.

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The verdict was 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 determinations concerning credibility and identification. In addition to the victim’s testimony, recorded phone calls made by defendant while he was incarcerated pending trial provided persuasive evidence of defendant’s guilt.

We perceive no basis for reducing the sentence. Concur — Sweeny, J.P., Renwick, Andrias, Freedman and Feinman, JJ.

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Bluebook (online)

113 A.D.3d 449, 977 N.Y.2d 891, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcgowan-nyappdiv-2014.

Opinion

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