People v. Padilla

Appellate Division of the Supreme Court of New York

People v. Padilla

291 A.D.2d 312, 737 N.Y.S.2d 845, 2002 N.Y. App. Div. LEXIS 1793

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

DecidedFebruary 21, 2002

StatusPublished

Cited by1 cases

This text of 291 A.D.2d 312 (People v. Padilla) 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. Padilla, 291 A.D.2d 312, 737 N.Y.S.2d 845, 2002 N.Y. App. Div. LEXIS 1793 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 22, 1999, convicting defendant, after a jury trial, of robbery in the first degree, criminal use of a firearm in the first degree, and criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 25 years, 25 years and 7 years, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Issues of credibility, including the weight to be given the victim’s background and the minor inconsistencies in his testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations. The fact that defendant was acquitted of attempted murder does not warrant a different conclusion (see, People v Rayam, 94 NY2d 557).

We perceive no basis for a reduction of sentence. Concur— Williams, J.P., Mazzarelli, Ellerin, Lerner and Rubin, JJ.

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—Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered June 22, 1999, convicting defendant, after a jury trial, of robbery in the first degree, criminal use of a firearm in the first degree, and criminal possession of a weapon in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 25 years, 25 years and 7 years, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Issues of credibility, including the weight to be given the victim’s background and the minor inconsistencies in his testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations. The fact that defendant was acquitted of attempted murder does not warrant a different conclusion (see, People v Rayam, 94 NY2d 557).

We perceive no basis for a reduction of sentence. Concur— Williams, J.P., Mazzarelli, Ellerin, Lerner and Rubin, JJ.

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Bluebook (online)

291 A.D.2d 312, 737 N.Y.S.2d 845, 2002 N.Y. App. Div. LEXIS 1793, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-padilla-nyappdiv-2002.

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