People v. Walton

Appellate Division of the Supreme Court of New York

People v. Walton

272 A.D.2d 269, 709 N.Y.S.2d 400, 2000 N.Y. App. Div. LEXIS 6120

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

DecidedMay 30, 2000

StatusPublished

This text of 272 A.D.2d 269 (People v. Walton) 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. Walton, 272 A.D.2d 269, 709 N.Y.S.2d 400, 2000 N.Y. App. Div. LEXIS 6120 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered November 7, 1996, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459). Where there was evidence that the murder was the product of a territorial dispute among drug dealers, the court properly concluded that the location of defendant’s arrest for drug possession, which was the same location at which defendant was selling drugs at the time of the murder a few months later, was more probative than prejudicial. Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Lerner and Friedman, JJ.

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—Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered November 7, 1996, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459). Where there was evidence that the murder was the product of a territorial dispute among drug dealers, the court properly concluded that the location of defendant’s arrest for drug possession, which was the same location at which defendant was selling drugs at the time of the murder a few months later, was more probative than prejudicial. Concur — Rosenberger, J. P., Mazzarelli, Ellerin, Lerner and Friedman, JJ.

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Bluebook (online)

272 A.D.2d 269, 709 N.Y.S.2d 400, 2000 N.Y. App. Div. LEXIS 6120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-walton-nyappdiv-2000.

Opinion

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