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People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 719 (N.Y. App. Div. 1996)

Opinion

February 26, 1996

Appeal from the Supreme Court, Kings County (Friedman, J.).


Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we find that the verdict of guilt is not against the weight of the credible evidence (see, CPL 470.15). The testimony of several eyewitnesses, two of whom had no relationship with the victim, established that the defendant took a gun from her waist and shot the victim in the groin. The defendant and her son both testified for the defense that a group of boys, including the victim, engaged in a pattern of attacks on the defendant's son that progressed from harassment to assault to robbery. The jury, which was in the best position to assess the credibility of the witnesses, could have properly chosen to credit the testimony of the eyewitnesses over the defendant's version of the shooting (see generally, CPL 470.15; People v. Bleakley, 69 N.Y.2d 490, 495; People v. Gaimari, 176 N.Y. 84; People v. Scott, 168 A.D.2d 523; People v. Garafolo, 44 A.D.2d 86, 88).

The defendant's sentence is not excessive.

The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05). Santucci, J.P., Krausman, Goldstein and Florio, JJ., concur.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Feb 26, 1996
224 A.D.2d 719 (N.Y. App. Div. 1996)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOANNE JONES, Appellant

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

Date published: Feb 26, 1996

Citations

224 A.D.2d 719 (N.Y. App. Div. 1996)
639 N.Y.S.2d 64

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