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People v. Sanchez

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 960 (N.Y. App. Div. 1999)

Opinion

December 30, 1999

Appeal from Judgment of Supreme Court, Monroe County, Wisner, J. — Murder, 2nd Degree.

Judgment unanimously affirmed.

PRESENT: DENMAN, P. J., GREEN, PIGOTT, JR., HURLBUTT AND BALIO, JJ.


Memorandum:

Defendant appeals from a judgment convicting him after a jury trial of murder in the second degree (Penal Law § 125.25) and manslaughter in the first degree (Penal Law § 125.20). We conclude that the verdict is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Although defendant's confession contains some factual discrepancies, issues concerning those discrepancies and the credibility of prosecution witnesses concerning the voluntariness of the confession were for the jury to decide, and there is no basis in the record to disturb the jury's resolution of those issues ( see, People v. Torres, 245 A.D.2d 1124, 1126, lv denied 91 N.Y.2d 978). Supreme Court did not abuse its discretion in precluding defendant from cross-examining police witnesses concerning the credibility of an eyewitness who made statements shortly after the crime and who did not testify at trial ( cf., People v. Delancy, 254 A.D.2d 815, lv denied 92 N.Y.2d 1048).


Summaries of

People v. Sanchez

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 960 (N.Y. App. Div. 1999)
Case details for

People v. Sanchez

Case Details

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

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

Date published: Dec 30, 1999

Citations

267 A.D.2d 960 (N.Y. App. Div. 1999)
700 N.Y.S.2d 922

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