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People v. Tackley

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 14, 2013
107 A.D.3d 1595 (N.Y. App. Div. 2013)

Opinion

2013-06-14

The PEOPLE of the State of New York, Respondent, v. Jamie R. TACKLEY, Defendant–Appellant.

Appeal from a judgment of the Monroe County Court (Teresa D. Johnson, A.J.), rendered August 15, 2008. The judgment convicted defendant, upon a nonjury verdict, of criminal mischief in the second degree, driving while intoxicated, a misdemeanor (two counts), resisting arrest and reckless endangerment in the second degree. Timothy P. Donaher, Public Defender, Rochester (Timothy S. Davis of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.


Appeal from a judgment of the Monroe County Court (Teresa D. Johnson, A.J.), rendered August 15, 2008. The judgment convicted defendant, upon a nonjury verdict, of criminal mischief in the second degree, driving while intoxicated, a misdemeanor (two counts), resisting arrest and reckless endangerment in the second degree.
Timothy P. Donaher, Public Defender, Rochester (Timothy S. Davis of Counsel), for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
MEMORANDUM:

On appeal from a judgment convicting him following a nonjury trial of, inter alia, criminal mischief in the second degree (Penal Law § 145.10), defendant contends that the verdict with respect to that crime is against the weight of the evidence. We reject that contention. Based on our independent review of the evidence, we conclude that a different verdict would have been unreasonable ( see People v. Peters, 90 A.D.3d 1507, 1508, 934 N.Y.S.2d 734,lv. denied 18 N.Y.3d 996, 945 N.Y.S.2d 651, 968 N.E.2d 1007;see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Even assuming, arguendo, that a different verdict would not have been unreasonable, we further *730conclude that “[County Court] was in the best position to assess the credibility of the witnesses and, on this record, it cannot be said that the [court] failed to give the evidence the weight it should be accorded” ( People v. Orta, 12 A.D.3d 1147, 1147, 784 N.Y.S.2d 812,lv. denied 4 N.Y.3d 801, 795 N.Y.S.2d 176, 828 N.E.2d 92;see People v. Clarke, 101 A.D.3d 1646, 1647, 956 N.Y.S.2d 375,lv. denied 20 N.Y.3d 1097, 965 N.Y.S.2d 793, 988 N.E.2d 531).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

SCUDDER, P.J., CENTRA, FAHEY, CARNI, and LINDLEY, JJ., concur.


Summaries of

People v. Tackley

Supreme Court, Appellate Division, Fourth Department, New York.
Jun 14, 2013
107 A.D.3d 1595 (N.Y. App. Div. 2013)
Case details for

People v. Tackley

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Jamie R. TACKLEY…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Jun 14, 2013

Citations

107 A.D.3d 1595 (N.Y. App. Div. 2013)
2013 N.Y. Slip Op. 4517
966 N.Y.S.2d 729