People v. Brescia
Cases that cite this one
12 later published cases cite this decision.
- People v. Williams (Appellate Division of the Supreme Court of New York 2023)
- People v. Dragani (Appellate Division of the Supreme Court of New York 2022)
- People v. Morris (Appellate Division of the Supreme Court of New York 2020)
- People v. Ellis (Appellate Division of the Supreme Court of New York 2018)
- People v. Macaluso (Appellate Division of the Supreme Court of New York 2016)
- People v. Ray (Appellate Division of the Supreme Court of New York 2012)
- People v. Ray (Appellate Division of the Supreme Court of New York 2012)
- People v. Hicks (Appellate Division of the Supreme Court of New York 2011)
- People v. Jackson (Appellate Division of the Supreme Court of New York 2009)
- People v. Johnson (Appellate Division of the Supreme Court of New York 2009)
- People v. Ragsdale (Appellate Division of the Supreme Court of New York 2009)
- People v. Rembert (Appellate Division of the Supreme Court of New York 2008)
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
Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered November 19, 2003, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Resolution of issues of credibility is primarily a matter to be determined by the jury, which saw and heard the witnesses, and its determination should be accorded great deference on appeal (see People v Romero, 7 NY3d 633, 644-645 [2006]). Upon the exercise of our factual review power (see CEL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, supra).
Furthermore, the trial court providently exercised its discretion in denying the defendant’s motion for a mistrial based
The defendant’s contention alleging ineffective assistance of counsel is without merit (see People v Baldi, 54 NY2d 137, 151-152 [1981]).
The sentence imposed was not excessive (see Penal Law § 70.04 [3] [b]; People v Thompson, 60 NY2d 513, 519 [1983]).
The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are without merit. Rivera, J.P., Spolzino, Florio and Angiolillo, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.