Thursday, October 13, 2011

Weight Of Evidence Review Must Be Manifest In Appellate Division Decision

When an appellant urges that the weight of the credible evidence does not support the conviction, the decision of the intermediate appellate court must reflect that the court exercised its authority, sitting like a thirteenth juror, to assess the evidence supports the conviction. Thus, in People v Brown (2011 NY Slip Op 07146 [10/13/11]), where the order of that Appellate Division manifested a lack of application of that review power, the Court of Appeals reversed a conviction and remitted for a proper assessment of the weight of the evidence

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