People v. Leggett

Citation2013 N.Y. Slip Op. 04028,107 A.D.3d 741,966 N.Y.S.2d 219
PartiesThe PEOPLE, etc., respondent, v. Jonathan LEGGETT, appellant.
Decision Date05 June 2013
CourtNew York Supreme Court Appellate Division

107 A.D.3d 741
966 N.Y.S.2d 219
2013 N.Y. Slip Op. 04028

The PEOPLE, etc., respondent,
v.
Jonathan LEGGETT, appellant.

Supreme Court, Appellate Division, Second Department, New York.

June 5, 2013.


[966 N.Y.S.2d 220]


Lynn W.L. Fahey, New York, N.Y. (Kendra L. Hutchinson of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.


PETER B. SKELOS, J.P., DANIEL D. ANGIOLILLO, SHERI S. ROMAN, and JEFFREY A. COHEN, JJ.

[107 A.D.3d 741]Appeal by the defendant from (1) a judgment of the Supreme Court, Kings County (Dowling, J.), rendered March 24, 2009, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence, and (2) a resentence of the same court imposed April 8, 2009.

ORDERED that the appeal from so much of the judgment as imposed the sentence is dismissed, as that portion of the judgment was superseded by the resentence; and it is further,

ORDERED that the judgment is affirmed insofar as reviewed; and it is further,

ORDERED that the resentence is affirmed.

The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( seeCPL 470.05[2]; People v. Hawkins, 11 N.Y.3d 484, 872 N.Y.S.2d 395, 900 N.E.2d 946). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( seeCPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053,cert. denied542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828;People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).

The Supreme Court providently exercised its discretion in making its Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371, 374, 357 N.Y.S.2d 849, 314 N.E.2d 413). The court struck an appropriate balance between the probative value of the defendant's prior crimes in connection with the question of his credibility and the possible prejudice to the defendant ( see ...

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  • People v. Nelson, 106724
    • United States
    • New York Supreme Court Appellate Division
    • December 21, 2017
    ...(see People v. Evans , 127 A.D.3d 780, 781, 6 N.Y.S.3d 555 [2015], lv. denied 25 N.Y.3d 1201, 37 N.E.3d 1166 [2015] ; People v. Leggett , 107 A.D.3d 741, 742, 966 N.Y.S.2d 219 [2013], lv. denied 23 N.Y.3d 964, 988 N.Y.S.2d 571, 11 N.E.3d 721 [2014] ; People v. Jernigan , 41 A.D.3d at 332–33......
  • People v. Walton
    • United States
    • New York Supreme Court Appellate Division
    • January 30, 2019
    ...v. Cotto, 92 N.Y.2d at 75–76, 677 N.Y.S.2d 35, 699 N.E.2d 394 ; People v. Evans, 127 A.D.3d 780, 781, 6 N.Y.S.3d 555 ; People v. Leggett, 107 A.D.3d 741, 742, 966 N.Y.S.2d 219 ). Accordingly, the People were properly allowed to use the cousin's prior statements as part of their direct case ......
  • People v. Wilkinson
    • United States
    • New York Supreme Court Appellate Division
    • July 8, 2020
    ......Leggett, 107 A.D.3d 741, 742, 966 N.Y.S.2d 219, quoting People v. Encarnacion, 87 A.D.3d 81, 87, 926 N.Y.S.2d 446 ; see 127 N.Y.S.3d 500 People v. Geraci, 85 N.Y.2d at 369, 625 N.Y.S.2d 469, 649 N.E.2d 817 ). Misconduct is defined "broadly to include intimidation and bribery, threats, and the use of a ......
  • People v. Evans
    • United States
    • New York Supreme Court Appellate Division
    • April 1, 2015
    ...677 N.Y.S.2d 35, 699 N.E.2d 394 ; see People v. Geraci, 85 N.Y.2d 359, 365–366, 625 N.Y.S.2d 469, 649 N.E.2d 817 ; People v. Leggett, 107 A.D.3d 741, 966 N.Y.S.2d 219 ; People v. Major, 251 A.D.2d 999, 675 N.Y.S.2d 260 ). “Because of ‘the inherently surreptitious nature of witness tampering......
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