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People v. Collins

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 2003
306 A.D.2d 180 (N.Y. App. Div. 2003)

Opinion

1519

June 24, 2003.

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered May 8, 1997, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 25 years to life and 7½ to 15 years, respectively, unanimously affirmed.

Vincent Rivellese, for respondent.

Terence J. Sweeney, for defendant-appellant.

Before: Buckley, P.J., Tom, Sullivan, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v. Gaimari, 176 N.Y. 84, 94). The court submitted to the jury the issue of whether the People's principal witness was an accomplice, and the evidence warranted a finding that he was not an accomplice (see CPL 60.22). In any event, his testimony was fully corroborated (see CPL 60.22).

We perceive no basis for reducing the sentence.

Motion seeking to relieve counsel and for other related relief denied.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Collins

Appellate Division of the Supreme Court of New York, First Department
Jun 24, 2003
306 A.D.2d 180 (N.Y. App. Div. 2003)
Case details for

People v. Collins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LINWOOD COLLINS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 24, 2003

Citations

306 A.D.2d 180 (N.Y. App. Div. 2003)
760 N.Y.S.2d 840

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While the jury in this case failed to reach a verdict with respect to that charge, Collins was convicted…