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People v. Holton

Appellate Division of the Supreme Court of New York, First Department
Sep 18, 2001
286 A.D.2d 612 (N.Y. App. Div. 2001)

Opinion

September 18, 2001.

Judgment, Supreme Court, Bronx County (Lawrence Bernstein, J.), rendered July 13, 1998, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 4 to 8 years, unanimously affirmed.

Allen H. Saperstein, for respondent.

Laura Burde, for defendant-appellant.

Before: Rubin, J.P., Saxe, Buckley, Friedman, Marlow, JJ.


The verdict was not against the weight of the evidence. Issues of credibility were properly considered by the trier of facts and there is no basis upon which to disturb its determinations (see, People v. Gaimari, 176 N.Y. 84, 94). Defendant's guilt was properly established by the testimony of the victim and an eyewitness, by physical evidence, and by defendant's admissions to the arresting officer.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal.


Summaries of

People v. Holton

Appellate Division of the Supreme Court of New York, First Department
Sep 18, 2001
286 A.D.2d 612 (N.Y. App. Div. 2001)
Case details for

People v. Holton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RASHARD HOLTON…

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

Date published: Sep 18, 2001

Citations

286 A.D.2d 612 (N.Y. App. Div. 2001)
730 N.Y.S.2d 222