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People v. McKinson

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1998
249 A.D.2d 27 (N.Y. App. Div. 1998)

Opinion

April 7, 1998

Appeal from Supreme Court, Bronx County (John Collins, J.).


The evidence was legally sufficient to establish defendant's guilt and the verdict was not against the weight of the evidence. Issues of credibility were properly presented to the jury and we see no reason to disturb its findings (see, People v. Gaimari, 176 N.Y. 84, 94). The weight and sufficiency of the evidence supporting the jury's verdict convicting defendant of resisting arrest was not undermined by defendant's acquittal of criminal possession of a weapon in the second degree and the jury's inability to reach a verdict on the other counts (People v. Thomas, 239 A.D.2d 246, lv denied 90 N.Y.2d 911). Defendant's "`masked repugnancy argument'" (People v. Rodriguez, 179 A.D.2d 554) "calls for an impermissible invasion of the jury's deliberative processes" (People v. Rivera, 201 A.D.2d 377, lv denied 83 N.Y.2d 875).

Concur — Milonas, J.P., Nardelli, Mazzarelli and Saxe, JJ.


Summaries of

People v. McKinson

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1998
249 A.D.2d 27 (N.Y. App. Div. 1998)
Case details for

People v. McKinson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY McKINSON, Also…

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

Date published: Apr 7, 1998

Citations

249 A.D.2d 27 (N.Y. App. Div. 1998)
670 N.Y.S.2d 496

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