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Top citers, strongest first. 19 distinct citers.
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discussed
Cited "see"
People v. Werkheiser
Nor do we find that these inconsistencies render the victims' testimonies "inherently unbelievable or incredible as a matter of law" ( id. at 1092 ; see People v Beauharnois , 64 AD3d 996, 999 [2009], lv denied 13 NY3d 834 [2009]).
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Cited "see"
People v. Scaringe
When such evidence is relevant to “a proper nonpropensity purpose, the decision whether to admit [it] . . . rests upon the trial court’s discretionary balancing of probative value and unfair prejudice” (People v Dorm, 12 NY3d 16, 19 [2009]; see People v Barreto, 64 AD3d 1046, 1049 [2009], lv denied 13 NY3d 834 [2009]).
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Cited "see"
People v. Mosley
We give deference to the jury’s credibility determinations since it had the “opportunity to view the witnesses, hear the testimony and observe demeanor” (People v Bleakley, 69 NY2d at 495 ; accord People v Beauharnois, 64 AD3d 996, 999 [2009], lv denied 13 NY3d 834 [2009]; People v Booker, 53 AD3d 697, 703 [2008], lv denied 11 NY3d 853 [2008]).
discussed
Cited "see"
PeoplevMosley
We give deference to the jury's credibility determinations since it had the "opportunity to view the witnesses, hear the testimony and observe demeanor" (People v Bleakley, 69 NY2d at 495 ; accord People v Beauharnois, 64 AD3d 996, 999 [2009], lv denied 13 NY3d 834 [2009]; People v Booker, 53 AD3d 697, 703 [2008], lv denied 11 NY3d 853 [2008]).
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Cited "see"
People v. Mosley
We give deference to the jury’s credibility determinations since it had the “opportunity to view the witnesses, hear the testimony and observe demeanor” (People v Bleakley, 69 NY2d at 495 ; accord People v Beauharnois, 64 AD3d 996, 999 [2009], lv denied 13 NY3d 834 [2009]; People v Booker, 53 AD3d 697, 703 [2008], lv denied 11 NY3d 853 [2008]).
discussed
Cited "see"
ROMAN, WALTER, PEOPLE v
Nevertheless, viewing the evidence in light of those crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 ), and affording the requisite “great deference to the jury given its opportunity to view the witnesses” (Hutzler, 270 AD2d at 934 ; see People v Barreto, 64 AD3d 1046, 1048-1049 , lv denied 13 NY3d 834 ), we conclude that the jury did not fail to give the evidence the weight it should be accorded (see generally Bleakley, 69 NY2d at 495 ).
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Cited "see"
People v. Roman
Nevertheless, viewing the evidence in light of those crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), and affording the requisite “great deference to the jury given its opportunity to view the witnesses” (Hutzler, 270 AD2d at 934 ; see People v Barreto, 64 AD3d 1046, 1048-1049 [2009], lv denied 13 NY3d 834 [2009]), we conclude that the jury did not fail to give the evidence the weight it should be accorded (see generally Bleakley, 69 NY2d at 495 ).
discussed
Cited "see"
People v. Roman
Nevertheless, viewing the evidence in light of those crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), and affording the requisite “great deference to the jury given its opportunity to view the witnesses” (Hutzler, 270 AD2d at 934 ; see People v Barreto, 64 AD3d 1046, 1048-1049 [2009], lv denied 13 NY3d 834 [2009]), we conclude that the jury did not fail to give the evidence the weight it should be accorded (see generally Bleakley, 69 NY2d at 495 ).
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Cited "see"
People v. Hayes
Given that it was, here, “impossible to commit [the greater crime] without concomitantly committing, by the same conduct, [the lesser offense]” (CPL 1.20 [37]; see People v Beauharnois, 64 AD3d 996, 999-1000 [2009], lv denied 13 NY3d 834 [2009]), the sexual abuse counts (15-21) covering the same time period against the then under age 13 victim are lesser included offenses of amended count 8 charging course of sexual conduct against a child (see CPL 300.30 [4]).
discussed
Cited "see"
People v. Hayes
Given that it was, here, “impossible to commit [the greater crime] without concomitantly committing, by the same conduct, [the lesser offense]” (CPL 1.20 [37]; see People v Beauharnois, 64 AD3d 996, 999-1000 [2009], lv denied 13 NY3d 834 [2009]), the sexual abuse counts (15-21) covering the same time period against the then under age 13 victim are lesser included offenses of amended count 8 charging course of sexual conduct against a child (see CPL 300.30 [4]).
discussed
Cited "see"
In re Devin Z.
Although there were discrepancies between the victim’s testimony and her prior statement concerning both the number of times respondent had subjected her to sexual contact during the relevant time period and the manner in which respondent effectuated the contact, these inconsistencies were understandable in light of the victim’s young age and “did not relate to whether the described sexual touching occurred repeatedly over that period of time” (People v Weber, 25 AD3d 919, 921 [2006], lv denied 6 NY3d 839 [2006]; see People v Beauharnois, 64 AD3d 996, 998-999 [2009], lv denied 13 NY3d …
discussed
Cited "see"
People v. Snow
Further, County Court properly admitted evidence of defendant’s prior conduct towards the child inasmuch as it “was probative of his motive and intent to assault [the child,] . . . provided necessary background information on the nature of the relationship and placed the charged conduct in context” (People v Dorm, 12 NY3d 16, 19 [2009]; see People v Barreto, 64 AD3d 1046, 1049 [2009], Iv denied 13 NY3d 834 [2009]; People v Jones, 289 AD2d 1010 [2001], Iv denied 97 NY2d 756 [2002]).
discussed
Cited "see"
People v. Judware
Put another way, defendant could only commit the sexually motivated felony if it was proven that he had committed the underlying burglary and that the burglary was committed for his own sexual gratification (see CPL 1.20 [37]; see People v Beauharnois, 64 AD3d 996, 1000 [2009], lv denied 13 NY3d 834 [2009]).
discussed
Cited "see"
People v. Vargas
Further, “[t]he mere fact that a sentence imposed after trial is greater than that offered in connection with plea negotiations is not proof that defendant was punished for asserting his right to trial” (People v Simon, 180 AD2d 866, 867 [1992], lv denied 80 NY2d 838 [1992]; accord People v Beauharnois, 64 AD3d 996, 1001 [2009], lv denied 13 NY3d 834 [2009]).
discussed
Cited "see, e.g."
People v. Moore
We thus conclude that defendant failed to preserve for our review his present contention that the document did not meet the foundational requirements of the business records exception to the hearsay rule (see People v Evans, 59 AD3d 1127, 1128 [2009], lv denied 12 NY3d 815 [2009]; see also People v Billip, 65 AD3d 430, 430 [2009], lv denied 13 NY3d 834 [2009]; People v Sanchez, 260 AD2d 178, 178-179 [1999], lv denied 93 NY2d 1026 [1999]).
discussed
Cited "see, e.g."
MOORE, JR., LEWIS, PEOPLE v
We thus conclude that defendant failed to preserve for our review his present contention that the document did not meet the foundational requirements of the business records exception to the hearsay rule (see People v Evans, 59 AD3d 1127, 1128 , lv denied 12 NY3d 815 ; see also People v Billip, 65 AD3d 430, 430 , lv denied 13 NY3d 834 ; People v Sanchez, 260 AD2d 178, 178-179 , lv denied 93 NY2d 1026 ).
discussed
Cited "see, e.g."
People v. Moore
We thus conclude that defendant failed to preserve for our review his present contention that the document did not meet the foundational requirements of the business records exception to the hearsay rule (see People v Evans, 59 AD3d 1127, 1128 [2009], lv denied 12 NY3d 815 [2009]; see also People v Billip, 65 AD3d 430, 430 [2009], lv denied 13 NY3d 834 [2009]; People v Sanchez, 260 AD2d 178, 178-179 [1999], lv denied 93 NY2d 1026 [1999]).
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Cited "see, e.g."
People v. Baker
Therefore, as it is possible to commit course of sexual conduct against a child in the first degree without also committing sexual abuse in the first degree by the same conduct, defendant’s conviction on that charge must be reversed, and the amended indictment count must be dismissed (see People v Wheeler, 67 NY2d at 962 ; People v Moyer, 27 NY2d 252, 253-254 [1970]; compare People v Beauharnois, 64 AD3d 996, 1000-1001 [2009], lv denied 13 NY3d 834 [2009]).
discussed
Cited "see, e.g."
People v. Baker
Therefore, as it is possible to commit course of sexual conduct against a child in the first degree without also committing sexual abuse in the first degree by the same conduct, defendant’s conviction on that charge must be reversed, and the amended indictment count must be dismissed (see People v Wheeler, 67 NY2d at 962 ; People v Moyer, 27 NY2d 252, 253-254 [1970]; compare People v Beauharnois, 64 AD3d 996, 1000-1001 [2009], lv denied 13 NY3d 834 [2009]).
Retrieving the full opinion text from the archive…
PEOPLE
v.
BETHEA.
v.
BETHEA.
New York Court of Appeals.
Oct 30, 2009.
Published
Application in criminal case for leave to appeal denied. (Lippman, Ch. J.).