From Casetext: Smarter Legal Research

People v. Serrano

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 2003
304 A.D.2d 475 (N.Y. App. Div. 2003)

Opinion

936

April 24, 2003.

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered July 30, 1999, convicting defendant, after a jury trial, of conspiracy in the second degree, and sentencing her to a term of 2 to 7 years, unanimously affirmed.

Kristin L. Vassallo, for respondent.

Joanne M. Dwyer, for defendant-appellant.

Before: Tom, J.P., Saxe, Ellerin, Williams, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. Defendant's conduct after the victim's initial abduction clearly supported the inference that defendant agreed to participate in the conspiracy to kidnap her (see People v. Parsons, 275 A.D.2d 933, 934, lv denied 95 N.Y.2d 937, cert denied 532 U.S. 998). Defendant's acquittal of the kidnapping charge does not warrant a different conclusion (see People v. Coronel, 294 A.D.2d 211,lv denied 98 N.Y.2d 696 [codefendant's appeal]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Serrano

Appellate Division of the Supreme Court of New York, First Department
Apr 24, 2003
304 A.D.2d 475 (N.Y. App. Div. 2003)
Case details for

People v. Serrano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARACELLY SERRANO…

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

Date published: Apr 24, 2003

Citations

304 A.D.2d 475 (N.Y. App. Div. 2003)
757 N.Y.S.2d 733