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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 105 A.D.3d 1095; 962 N.Y.S.2d 739. Datos: https://static.case.law/ad3d/105/cases/1095-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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People v. Davis, 105 A.D.3d 1095 (New York Supreme Court, Appellate Division, 2013) McCarthy, J. Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 13, 2012, upon a verdict convicting defendant of the crimes of promoting prison contraband in the first degree and attempted assault in the second degree. While incarcerated at Elmira Correctional Facility in Chemung County, defendant and another inmate (hereinafter the victim) were observed in fighting stances in the facility gym. The victim had a cut from his mouth to his ear. After separating the two inmates, a correction officer conducted a pat frisk of defendant. During the frisk, another correction officer saw something fall from defendant’s hand and retrieved the item, which turned out to be a scalpel blade with electrical tape wrapped around the end. Defendant was charged with and found guilty of promoting prison contraband in the first degree and attempted assault in the second degree. County Court sentenced him, as a second felony offender, to an aggregate prison term of 3 to 6 years. Defendant appeals. Defendant’s conviction was not against the weight of the evidence. Where a different verdict would not have been unreasonable, “this Court must weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony while viewing the evidence in a neutral light and giving deference to the jury’s…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); New York Supreme Court, Appellate Division; 105 A.D.3d 1095; 962 N.Y.S.2d 739. Datos: https://static.case.law/ad3d/105/cases/1095-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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People v. Davis, 105 A.D.3d 1095 (New York Supreme Court, Appellate Division, 2013) McCarthy, J. Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered January 13, 2012, upon a verdict convicting defendant of the crimes of promoting prison contraband in the first degree and attempted assault in the second degree. While incarcerated at Elmira Correctional Facility in Chemung County, defendant and another inmate (hereinafter the victim) were observed in fighting stances in the facility gym. The victim had a cut from his mouth to his ear. After separating the two inmates, a correction officer conducted a pat frisk of defendant. During the frisk, another correction officer saw something fall from defendant’s hand and retrieved the item, which turned out to be a scalpel blade with electrical tape wrapped around the end. Defendant was charged with and found guilty of promoting prison contraband in the first degree and attempted assault in the second degree. County Court sentenced him, as a second felony offender, to an aggregate prison term of 3 to 6 years. Defendant appeals. Defendant’s conviction was not against the weight of the evidence. Where a different verdict would not have been unreasonable, “this Court must weigh the relative probative force of conflicting testimony and the relative strength of conflicting inferences that may be drawn from the testimony while viewing the evidence in a neutral light and giving deference to the jury’s…