People v. Middlebrooks

Appellate Division of the Supreme Court of New York

People v. Middlebrooks

270 A.D.2d 944, 705 N.Y.S.2d 546, 2000 N.Y. App. Div. LEXIS 3523

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

DecidedMarch 29, 2000

StatusPublished

Cited by1 cases

This text of 270 A.D.2d 944 (People v. Middlebrooks) 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. Middlebrooks, 270 A.D.2d 944, 705 N.Y.S.2d 546, 2000 N.Y. App. Div. LEXIS 3523 (N.Y. Ct. App. 2000).

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Opinion

—Judgment unanimously affirmed. Memorandum: We reject the argument of defendant that the verdict convicting him of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) is against the weight of the evidence. Although a different finding would not have been unreasonable, we cannot conclude that the jury, in determining that defendant possessed the requisite intent to kill the victim, “failed to give the evidence the weight it should be accorded” (People v Bleakley, 69 NY2d 490, 495). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Onondaga County Court, Fahey, J. — Attempted Murder, 2nd Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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—Judgment unanimously affirmed. Memorandum: We reject the argument of defendant that the verdict convicting him of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]) is against the weight of the evidence. Although a different finding would not have been unreasonable, we cannot conclude that the jury, in determining that defendant possessed the requisite intent to kill the victim, “failed to give the evidence the weight it should be accorded” (People v Bleakley, 69 NY2d 490, 495). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Onondaga County Court, Fahey, J. — Attempted Murder, 2nd Degree.) Present — Pigott, Jr., P. J., Green, Wisner, Scudder and Kehoe, JJ.

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Bluebook (online)

270 A.D.2d 944, 705 N.Y.S.2d 546, 2000 N.Y. App. Div. LEXIS 3523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-middlebrooks-nyappdiv-2000.

Opinion

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