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People v. Nicholson [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 825 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Judgment of Monroe County Court, Bristol, J. — Robbery, 2nd Degree.

PRESENT: PINE, J.P., HAYES, WISNER, SCUDDER AND BALIO, JJ.


Judgment unanimously affirmed. Memorandum: Contrary to defendant's contention, the verdict is not against the weight of the evidence. Although "based on all the credible evidence a different finding would not have been unreasonable" ( People v. Bleakley, 69 N.Y.2d 490, 495), there is no basis to conclude that the jury failed to give the evidence the weight it should be accorded. Great deference must be accorded the finder of fact, who has had the opportunity to hear the testimony and view the demeanor of the witnesses ( see, People v. Shedrick, 104 A.D.2d 263, 274, affd 66 N.Y.2d 1015, rearg denied 67 N.Y.2d 758).


Summaries of

People v. Nicholson [4th Dept 1999

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 825 (N.Y. App. Div. 1999)
Case details for

People v. Nicholson [4th Dept 1999

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. WILLIAM…

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 825 (N.Y. App. Div. 1999)
696 N.Y.S.2d 736