People v. Montero

Appellate Division of the Supreme Court of New York

People v. Montero

301 A.D.2d 434, 752 N.Y.S.2d 877, 2003 N.Y. App. Div. LEXIS 300

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

DecidedJanuary 16, 2003

StatusPublished

This text of 301 A.D.2d 434 (People v. Montero) 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. Montero, 301 A.D.2d 434, 752 N.Y.S.2d 877, 2003 N.Y. App. Div. LEXIS 300 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered March 31, 2000, as amended April 6, 2000, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of 3x/2 to 7 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility. Evidence properly credited by the jury clearly established defendant’s possession of the weapon at issue, and defendant’s acquittal of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557).

The record does not establish that defendant’s sentence was based on any improper criteria and we perceive no basis for reducing the sentence. Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Lerner, JJ.

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—Judgment, Supreme Court, Bronx County (William Donnino, J.), rendered March 31, 2000, as amended April 6, 2000, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him to a term of 3x/2 to 7 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility. Evidence properly credited by the jury clearly established defendant’s possession of the weapon at issue, and defendant’s acquittal of other charges does not warrant a different conclusion (see People v Rayam, 94 NY2d 557).

The record does not establish that defendant’s sentence was based on any improper criteria and we perceive no basis for reducing the sentence. Concur — Nardelli, J.P., Andrias, Saxe, Ellerin and Lerner, JJ.

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Bluebook (online)

301 A.D.2d 434, 752 N.Y.S.2d 877, 2003 N.Y. App. Div. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montero-nyappdiv-2003.

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