People v. Clark
Cases that cite this one
5 later published cases cite this decision.
- BORDEN, BRIAN, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Borden (Appellate Division of the Supreme Court of New York 2011)
- People v. Bork (Appellate Division of the Supreme Court of New York 2010)
- People v. Shaughnessy (Appellate Division of the Supreme Court of New York 2001)
- People v. Nicholas (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25 [1]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). We reject defendant’s contention that the verdict is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The jury was entitled to discount the testimony of witnesses who were unable to recall with certainty the events at issue and was entitled to rely on the physical evidence linking defendant to the crimes in reaching its verdict. We also reject defendant’s contention that the prosecutor was improperly permitted to impeach his own witness, defendant’s son. A prior written statement signed by the witness contradicted his trial testimony on a material issue (see, CPL 60.35; cf., People v Clark, 195 AD2d 988, 989-990). Defendant failed to preserve
Case-law data current through December 31, 2025. Source: CourtListener bulk data.