People v. Montgomery
This text of 30 A.D.3d 1139 (People v. Montgomery) 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.
Opinion
Judgment, Supreme Court, New York County (Edwin Torres, J., at jury trial and sentence), rendered October 28, 2003, convicting defendant of assault in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.
The verdict was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations regarding credibility, including its evaluation of the victim’s background (see People v Gaimari, 176 NY 84, 94 [1903]). Concur—Andrias, J.E, Friedman, Sullivan, Nardelli and Malone, JJ.
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Cite This Page — Counsel Stack
30 A.D.3d 1139, 815 N.Y.S.2d 462, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montgomery-nyappdiv-2006.