People v. Hawkins, 145 A.D.3d 1565 (N.Y. App. Div. 2016). · Go Syfert
People v. Hawkins, 145 A.D.3d 1565 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Jackson (nyappdiv, 2018-03-16)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Jackson
N.Y. App. Div. · 2018 · confidence medium
Viewing the evidence in light of the elements of the crime as charged to the jury ( see People v Danielson , 9 NY3d 342, 349 [2007]), we reject defendant's further contention that the verdict, insofar as it rests upon the jury's implicit finding that the item at issue constituted dangerous contraband, is against the weight of the evidence ( see People v Hood , 145 AD3d 1565, 1565-1566 [4th Dept 2016]).
discussed Cited as authority (rule) People v. Blunt
N.Y. App. Div. · 2017 · confidence medium
Moreover, viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see People v Hood, 145 AD3d 1565, 1565-1566 [2016]; Mansilla, 143 AD3d at 1263 ; see generally Bleakley, 69 NY2d at 495 ).
discussed Cited as authority (rule) People v. Blunt
N.Y. App. Div. · 2017 · confidence medium
Moreover, viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see People v Hood, 145 AD3d 1565, 1565-1566 [2016]; Mansilla, 143 AD3d at 1263 ; see generally Bleakley, 69 NY2d at 495 ).
discussed Cited as authority (rule) People v. Blunt
N.Y. App. Div. · 2017 · confidence medium
Moreover, viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see People v Hood, 145 AD3d 1565, 1565-1566 [2016]; Mansilla, 143 AD3d at 1263 ; see generally Bleakley, 69 NY2d at 495 ).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Mark Hawkins, Also Known as Marcus Coleman
Appellate Division of the Supreme Court of the State of New York.
Dec 23, 2016.
145 A.D.3d 1565
Carni, Curran, Dejoseph, Lindley, Troutman.
Published

—Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered May 27, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal possession of a weapon in the third degree (Penal Law § 265.02 [3]). Defendant failed to preserve for our review his challenge to Supreme Court’s alleged enhancement of his sentence at the time of sentencing inasmuch as defendant did not object to the alleged enhanced sentence or move to withdraw his guilty plea (see People v Viele, 124 AD3d 1222, 1223 [2015]). We decline to exercise our power to review defendant’s contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]). We reject defendant’s contention that his sentence is unduly harsh and severe.

Present—Carni, J.P., Lindley, DeJoseph, Curran and Troutman, JJ.