Appellate Division of the Supreme Court of New York, 2011

People v. Holden

People v. Holden
Appellate Division of the Supreme Court of New York · Decided March 1, 2011
82 A.D.3d 792; 917 N.Y.2d 900
People v. Holden

Cases that cite this one

1 later published case cites this decision.

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

*793Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), 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 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). 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 NY3d 633 [2006]).

Contrary to the defendant’s contention, the prosecutor’s redirect examination of the detective who witnessed the defendant drop the firearm did not impermissibly bolster the detective’s testimony by introducing a prior consistent statement from the detective’s testimony at the defendant’s prior trial. The trial court properly allowed the prosecutor to introduce a part of the detective’s prior testimony on redirect examination for the purpose of explaining and clarifying a part of the detective’s prior testimony that was introduced on cross-examination (see People v Ochoa, 14 NY3d 180, 186-187 [2010]; People v Torre, 42 NY2d 1036, 1037 [1977]; People v Melendez, 51 AD3d 1040 [2008]; People v Williams, 43 AD3d 414 [2007]; People v Johnson, 296 AD2d 422 [2002]). Skelos, J.P, Eng, Belen and Lott, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.