From Casetext: Smarter Legal Research

People v. Bornhoeft

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 2008
53 A.D.3d 666 (N.Y. App. Div. 2008)

Opinion

No. 2006-08480.

July 29, 2008.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered August 18, 2006, convicting him of burglary in the third degree, aggravated cruelty to animals (four counts), criminal mischief in the fourth degree, and criminal trespass in the third degree, upon a jury verdict, and imposing sentence.

John P. Savoca, White Plains, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.

Before: Fisher, J.P., Ritter, Florio and Carni, JJ.


Ordered that the judgment is affirmed.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see People v Danielson, 9 NY3d 342; CPL 470.15), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).


Summaries of

People v. Bornhoeft

Appellate Division of the Supreme Court of New York, Second Department
Jul 29, 2008
53 A.D.3d 666 (N.Y. App. Div. 2008)
Case details for

People v. Bornhoeft

Case Details

Full title:THE PEOPLE, etc., Respondent, v. MICHAEL BORNHOEFT, Appellant

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

Date published: Jul 29, 2008

Citations

53 A.D.3d 666 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 6459
860 N.Y.S.2d 918

Citing Cases

People v. Sepe

it must do so only when, after examining all of the credible evidence, it finds that a different verdict…

People v. Madison

"[W]eight of the evidence review requires a court first to determine whether an acquittal would not have been…