People v. Secor
| Decision Date | 31 August 2018 |
| Citation | 84 N.Y.S.3d 868,32 N.Y.3d 941,109 N.E.3d 1168 (Table) |
| Parties | PEOPLE v. SECOR (David) |
| Court | New York Court of Appeals Court of Appeals |
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8 cases
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People v. Agan
... ... As such, we find that the verdict as to those crimes is not against the weight of the evidence ( see People v. Watkins, 180 A.D.3d 1222, 12301231, 120 N.Y.S.3d 500 [2020], lvs denied 35 N.Y.3d 1026, 1030, 126 N.Y.S.3d 25, 26, 149 N.E.3d 863, 864 [2020]; People v. Secor, 162 A.D.3d 1411, 1413, 80 N.Y.S.3d 511 [2018], lv denied 32 N.Y.3d 941, 84 N.Y.S.3d 868, 109 N.E.3d 1168 [2018] ; People v. Stocum, 143 A.D.3d 1160, 11621163, 40 N.Y.S.3d 585 [2016] ). Contrary to defendant's contention, County Court properly denied defendant's motion to sever the 139 counts ... ...
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People v. Baber
... ... Nevertheless, his assertion that his convictions are against the weight of the evidence requires us to determine whether each element of the crimes was proven beyond a reasonable doubt ( see People v. McCollum, 176 A.D.3d 1402, 1403, 112 N.Y.S.3d 298 [2019] ; People v. Secor, 162 A.D.3d 1411, 1412, 80 N.Y.S.3d 511 [2018], lv denied 32 N.Y.3d 941, 84 N.Y.S.3d 868, 109 N.E.3d 1168 [2018] ). At trial, the victim testified that she and defendant had previously lived in Florida and had a tempestuous romantic relationship. After a brief separation, the victim accepted ... ...
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People v. Weaver
... ... Secor, 162 A.D.3d 1411, 1413, 80 N.Y.S.3d 511 [2018] [internal quotation marks and citations omitted], lv denied 32 N.Y.3d 941, 84 N.Y.S.3d 868, 109 N.E.3d 1168 [2018] ; see People v. Smith, 4 N.Y.3d 806, 808, 796 N.Y.S.2d 1, 828 N.E.2d 958 [2005] ; People v. Roulhac, 166 A.D.3d 1066, 86 N.Y.S.3d 336, ... ...
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People v. Kelsey
... ... Initially, as defendant concedes, he failed to preserve his legal sufficiency claim as he did not move for a trial order of dismissal (see 107 N.Y.S.3d 153 People v. Hawkins , 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946 [2008] ; People v. Secor , 162 A.D.3d 1411, 1412, 80 N.Y.S.3d 511 [2018], lv denied 32 N.Y.3d 941, 84 N.Y.S.3d 868, 109 N.E.3d 1168 [2018] ). "However, a weight of the evidence challenge, which bears no preservation requirement, also requires consideration of the adequacy of the evidence as to each element of the crimes" ( ... ...
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