People v. Davidson, 112 A.D.3d 959 (N.Y. App. Div. 2013). · Go Syfert
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People v. Davidson, 112 A.D.3d 959 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Simmons (nyappdiv, 2017-11-08)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Simmons
N.Y. App. Div. · 2017 · confidence medium
In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of vehicular manslaughter in the second degree (Penal Law § 125.12 [1]) and criminally negligent homicide (Penal Law § 125.10) beyond a reasonable doubt (see People v Davis, 112 AD3d 959, 960-961 [2013]).
discussed Cited as authority (rule) People v. Cherry
N.Y. App. Div. · 2015 · confidence medium
The defendant’s contention in his pro se supplemental brief that the jury charge on causation was biased in favor of the People is unpreserved for appellate review (see CPL 470.05 [2]; People v Davis, 112 AD3d 959, 961 [2013]), and, in any event, without merit (see People v DaCosta, 6 NY3d at 184 ; Matter of Anthony M., 63 NY2d at 280 ; CJI2d[NY] Cause of Death).
discussed Cited "see" People v. Serrano
N.Y. App. Div. · 2021 · signal: see · confidence high
Furthermore, although the victim was also intoxicated at the time that he was struck by defendant's vehicle, a defendant may be held criminally responsible for a homicide, even if his or her conduct was not the sole cause of death, as long as the defendant's actions were a "sufficiently direct cause" of death by "set[ting] in motion" the events that resulted in the death ( People v DaCosta , 6 NY3d 181, 184 [2006] [internal quotation marks omitted]; see Davis , 112 AD3d at 960-961).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
James Davidson
Appellate Division of the Supreme Court of the State of New York.
Dec 26, 2013.
112 A.D.3d 959
Published

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered January 13, 2011, convicting him of rape in the third degree and criminal sexual act in the third degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s valid waiver of his right to appeal forecloses review of his claim regarding the excessiveness of his sentence (see People v Edmunson, 109 AD3d 621, 622 [2013]). The waiver also forecloses review of the defendant’s claim that his counsel was ineffective, since the alleged ineffectiveness does not implicate the voluntariness of the defendant’s plea of guilty (see id.).

The defendant’s remaining contention is not properly before this Court. Skelos, J.P, Balkin, Leventhal and Sgroi, JJ., concur.