People v. Curry, 82 A.D.3d 1650 (N.Y. App. Div. 4th Dep't 2011). · Go Syfert
People v. Curry, 82 A.D.3d 1650 (N.Y. App. Div. 4th Dep't 2011). Cases Citing This Book View Copy Cite
23 citation events (23 in the last 25 years) across 1 distinct court.
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At page 1651 Deference to factfinder's credibility determinations in bench trials11 citing cases“great deference is to be accorded the factfinder's resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony”3 citing courts quote it · 7 listed here
  • People v. Simmons, 128 A.D.3d 1379 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    Although defendant testified that he did not possess a knife and that the victim voluntarily gave him the money, “[g]reat deference is to be accorded the [factfinder’s] resolution of credibility issues based upon its superior vantage point…
  • People v. Spears, 125 A.D.3d 1400 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    As we note above, the People were not required to prove that the firearm was operable or loaded in order to prove the dangerous instrument element of the crime (see Wooden, 275 AD2d at 935), and we see no reason to disturb the jury’s credi…
  • People v. Aikey, 94 A.D.3d 1485 (N.Y. App. Div. 4th Dep't 2012).published
    “Great deference is to be accorded to the fact[ ] finder’s resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony” (People v Curry, 82 AD3d 1650…
  • People v. Broomfield, 134 A.D.3d 1443 (N.Y. App. Div. 4th Dep't 2015).published
    It is well settled that “[g]reat deference is to be accorded to the fact[ ] finder’s resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony” (Pe…
  • People v. Maxwell, 103 A.D.3d 1239 (N.Y. App. Div. 4th Dep't 2013).published 2 cites
    It is well settled that “[g]reat deference is to be accorded to the fact[ ]finder’s resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony” (Peo…
  • People v. Jones, 100 A.D.3d 1362 (N.Y. App. Div. 4th Dep't 2012).published 2 cites
    “Generally, [w]e accord great deference to the resolution of credibility issues by the trier of fact because those who see and hear the witnesses can assess their credibility and reliability in a manner that is far superior to that of revi…
  • Simmons, Alvin E., People v., No. KA 10-02118 (N.Y. App. Div. 4th Dep't May 1, 2015).published
At page 1650 Admissibility of evidence showing prior similar conduct6 citing cases“the people presented clear and convincing evidence that defendant committed the uncharged murder of her first husband by using a distinctive and unique modus operandi,”3 citing courts quote it · passage not found verbatim in the opinion (81%) · 4 listed here
  • People v. Frederick, 152 A.D.3d 1242 (N.Y. App. Div. 4th Dep't 2017).published
    Here, the evidence of defendant’s prior conviction of attempted criminal possession of a controlled substance in the third degree (Penal Law §§ 110.00, 220.16 [12]) was properly admitted in evidence to demonstrate defendant’s identity and…
  • People v. Castor, 99 A.D.3d 1177 (N.Y. App. Div. 4th Dep't 2012).published 2 cites
    First, we conclude that “the People presented clear and convincing evidence that defendant committed the [uncharged murder of her first husband] by using a distinctive and unique modus operandi,” i.e., poisoning with antifreeze (People v C…
  • People v. Pytlak, 99 A.D.3d 1242 (N.Y. App. Div. 4th Dep't 2012).published 2 cites
    In any event, defendant’s challenge lacks merit (see generally People v Bleakley, 69 NY2d 490, 495 [1987]) and, viewing the evidence in light of the elements of the crime of aggravated criminal contempt as charged to the jury (see People v…
  • Castor, Stacey R., People v., No. KA 09-00469 (N.Y. App. Div. 4th Dep't Oct. 5, 2012).published
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Brian Curry
Appellate Division of the Supreme Court of the State of New York.
Mar 25, 2011.
Published opinion
82 A.D.3d 1650
Cited by 23 opinions  |  Published

Memorandum: Defendant appeals from a judgment convicting him, after a bench trial, of three counts of aggravated criminal contempt (Penal Law § 215.52 [3]) and one count of aggravated harassment in the second degree (§ 240.30 [1] [a]), based upon evidence that he wrote a series of threatening letters to his ex-girlfriend, her mother, and his teenaged daughter. Contrary to the contention of defendant, County Court properly admitted in evidence additional letters to establish his identity as the author of the letters at issue (see generally People v Molineux, 168 NY 264, 293-294 [1901]). Defendant had previously pleaded guilty to criminal contempt on two occasions, admitting that he sent letters threatening one of the victims in this case. The People established the similarities between the letters in those cases and the ones at issue here, including their content, writing style, paper, and envelopes, and they also established that in all cases defendant had sent multiple, nearly identical letters on the same day. Thus, the People presented clear and convincing evidence that defendant committed the prior crimes by using a distinctive and unique modus operandi, which was sufficiently similar to the manner in which the crimes herein were committed to be probative of defendant’s identity as the perpetrator (see generally People v Mateo, 93 NY2d 327, 332 [1999]; People v Alvino, 71 NY2d 233, 242 [1987]; People v Robinson, 68 NY2d 541, 549-550 [1986]). Consequently, the court properly concluded that “ ‘the mere proof that the defendant had committed [the prior] similar act[s was] highly probative of the fact that he committed the one charged’ ” (People v Allweiss, 48 NY2d 40, 47-48 [1979], quoting People v Condon, 26 NY2d 139, 144 [1970]).

Viewing the evidence in light of the elements of the crimes in[*1651] this bench trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). Although there was conflicting testimony with respect to whether the handwriting on the letters at issue matched that of defendant, and thus “an acquittal would not have been unreasonable” (Danielson, 9 NY3d at 348), we conclude that, “[b]ased on the weight of the credible evidence, the court . . . was justified in finding the defendant guilty beyond a reasonable doubt” (id.; see People v Romero, 7 NY3d 633, 642-643 [2006]). “ ‘Great deference is to be accorded to the fact[ ]finder’s resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony’ ” (People v Gritzke, 292 AD2d 805, 805-806 [2002], lv denied 98 NY2d 697 [2002]; see People v Mosley, 59 AD3d 961 [2009], lv denied 12 NY3d 918 [2009], reconsideration denied 13 NY3d 861 [2009]), and we perceive no reason to disturb the court’s credibility determinations.

Finally, the sentence is not unduly harsh or severe. Present— Smith, J.P, Fahey, Garni, Lindley and Gorski, JJ.