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People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 2004
13 A.D.3d 92 (N.Y. App. Div. 2004)

Summary

declining to invoke interest of justice jurisdiction to dismiss the non-inclusory concurrent count, where petitioner was convicted of criminal possession of a weapon in the second and third degrees

Summary of this case from Daughtry v. Conway

Opinion

4815.

December 7, 2004.

Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered February 6, 2003, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of eight years and five years, respectively, unanimously affirmed.

Before: Nardelli, J.P., Mazzarelli, Andrias, Friedman and Gonzalez, JJ.


The verdict was not against the weight of the evidence. As we concluded on the codefendant's appeal ( People v. Martinez, 8 AD3d 8, lv denied 3 NY3d 677), there is no basis for disturbing the jury's determinations concerning credibility. Defendant's acquittal of other charges does not warrant a different conclusion ( see People v. Rayam, 94 NY2d 557).

We decline to invoke our interest of justice jurisdiction to dismiss the noninclusory concurrent count ( see People v. Spence, 290 AD2d 223, lv denied 98 NY2d 641; People v. Kulakov, 278 AD2d 519, lv denied 96 NY2d 785).

We perceive no basis for reducing the sentence.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 2004
13 A.D.3d 92 (N.Y. App. Div. 2004)

declining to invoke interest of justice jurisdiction to dismiss the non-inclusory concurrent count, where petitioner was convicted of criminal possession of a weapon in the second and third degrees

Summary of this case from Daughtry v. Conway
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY WILLIAMS…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 7, 2004

Citations

13 A.D.3d 92 (N.Y. App. Div. 2004)
785 N.Y.S.2d 334

Citing Cases

Daughtry v. Conway

Here, the Appellate Division acted within its discretion. See People v. Williams, 13 A.D.3d 92, 92, 785…