People v. Penton

Appellate Division of the Supreme Court of New York

People v. Penton

298 A.D.2d 141, 747 N.Y.S.2d 764, 2002 N.Y. App. Div. LEXIS 9248

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

DecidedOctober 3, 2002

StatusPublished

This text of 298 A.D.2d 141 (People v. Penton) 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. Penton, 298 A.D.2d 141, 747 N.Y.S.2d 764, 2002 N.Y. App. Div. LEXIS 9248 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered October 19, 1999, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of years and one year, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence. Conflicting versions of the incident were properly considered by the jury, and there is no basis for disturbing its credibility determinations (see People v Gaimari, 176 NY 84, 94). Concur— Nardelli, J.P., Saxe, Rosenberger, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered October 19, 1999, convicting defendant, after a jury trial, of assault in the second degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of years and one year, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence. Conflicting versions of the incident were properly considered by the jury, and there is no basis for disturbing its credibility determinations (see People v Gaimari, 176 NY 84, 94). Concur— Nardelli, J.P., Saxe, Rosenberger, Friedman and Marlow, JJ.

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Bluebook (online)

298 A.D.2d 141, 747 N.Y.S.2d 764, 2002 N.Y. App. Div. LEXIS 9248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-penton-nyappdiv-2002.

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