People v. Rojas

2 Citing cases

  1. Rojas v. Fischer

    No. 01 Civ. 8052 (DLC) (S.D.N.Y. Jul. 7, 2004)

    The Appellate Division unanimously affirmed his conviction, holding that "the verdict was based on legally sufficient evidence and was not against the weight of the evidence." People v. Rojas, 281 A.D.2d 294 (1st Dep't 2001). On May 23, 2001, Rojas was denied leave to appeal to the New York Court of Appeals.

  2. People v. Portis

    129 A.D.3d 1300 (N.Y. App. Div. 2015)   Cited 25 times

    It is far from clear that an acquittal would have been a reasonable outcome given this proof (see People v. Romero, 7 N.Y.3d 633, 643, 826 N.Y.S.2d 163, 859 N.E.2d 902 [2006] ; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). In any case, according due deference to the credibility determinations of the jury, we cannot say that its verdict is against the weight of the evidence (see People v. Romero, 7 N.Y.3d at 643–644, 826 N.Y.S.2d 163, 859 N.E.2d 902 ; People v. Calderon, 55 A.D.3d 321, 322, 864 N.Y.S.2d 419 [2008] ; People v. Rojas, 281 A.D.2d 294, 294, 722 N.Y.S.2d 149 [2001], lv. denied 96 N.Y.2d 834, 729 N.Y.S.2d 455, 754 N.E.2d 215 [2001] ). Defendant states that his challenge is one directed toward the weight of the evidence, but refers to it elsewhere as a challenge to the legal sufficiency of the evidence and confuses the standards for legal sufficiency and weight of the evidence review in his brief.