People v. Younger

Appellate Division of the Supreme Court of New York

People v. Younger

255 A.D.2d 157, 679 N.Y.S.2d 581, 1998 N.Y. App. Div. LEXIS 11877

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

DecidedNovember 12, 1998

StatusPublished

This text of 255 A.D.2d 157 (People v. Younger) 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. Younger, 255 A.D.2d 157, 679 N.Y.S.2d 581, 1998 N.Y. App. Div. LEXIS 11877 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered May 18, 1995, convicting defendant, after a jury trial, of attempted murder in the second degree and sexual abuse in the first degree, and sentencing him, as a second felony offender, to consecutive terms of 12V2 to 25 years and 3V2 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Questions of credibility were properly presented to the jury and we see no reason to disturb its findings.

Viewed in the context of the trial as a whole, the remarks that the prosecutor elicited from one of the expert psychiatric witnesses called by defendant on the issue of intent concerning defendant’s danger to himself and society were relevant to the jury’s assessment of the expert’s testimony. In any event, were we to find that this testimony was inadmissible, we would find [158]*158the error to be harmless in view of the overwhelming evidence of guilt and the court’s instructions. Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered May 18, 1995, convicting defendant, after a jury trial, of attempted murder in the second degree and sexual abuse in the first degree, and sentencing him, as a second felony offender, to consecutive terms of 12V2 to 25 years and 3V2 to 7 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Questions of credibility were properly presented to the jury and we see no reason to disturb its findings.

Viewed in the context of the trial as a whole, the remarks that the prosecutor elicited from one of the expert psychiatric witnesses called by defendant on the issue of intent concerning defendant’s danger to himself and society were relevant to the jury’s assessment of the expert’s testimony. In any event, were we to find that this testimony was inadmissible, we would find [158]*158the error to be harmless in view of the overwhelming evidence of guilt and the court’s instructions. Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

255 A.D.2d 157, 679 N.Y.S.2d 581, 1998 N.Y. App. Div. LEXIS 11877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-younger-nyappdiv-1998.