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People v. Reese

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1998
255 A.D.2d 230 (N.Y. App. Div. 1998)

Opinion

November 19, 1998

Appeal from the Supreme Court, New York County (Budd Goodman, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Given the jury's credibility determinations, which we see no reason to disturb, there was ample evidence supporting the element of intent to use the baseball bat unlawfully against another, including evidence from which the jury could find an intent to menace the complainant ( see, People v. Heusner, 26 N.Y.2d 776; People v. Wharton, 184 A.D.2d 472, lv withdrawn 80 N.Y.2d 935; see also, People v. Garcia, 194 A.D.2d 1011, lv denied 82 N.Y.2d 895).

The challenged portions of the prosecutor's summation were fair response to defense counsel's summation attack on the credibility of the complainant ( People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976), and there was no pattern of inflammatory remarks or egregious conduct warranting reversal ( see, People v. D'Alessandro, 184 A.D.2d 114, lv denied 81 N.Y.2d 884).

Concur — Sullivan, J. P., Nardelli, Williams and Mazzarelli, JJ.


Summaries of

People v. Reese

Appellate Division of the Supreme Court of New York, First Department
Nov 19, 1998
255 A.D.2d 230 (N.Y. App. Div. 1998)
Case details for

People v. Reese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT REESE, Appellant

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

Date published: Nov 19, 1998

Citations

255 A.D.2d 230 (N.Y. App. Div. 1998)
679 N.Y.S.2d 824