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You are here: Home1 / Appeals2 / “Weight of the Evidence” Review.
Appeals, Criminal Law, Evidence

“Weight of the Evidence” Review.

The Third Department upheld the defendant’s rape conviction in a full-fledged opinion by Justice Spain.  The case is interesting because it is a true “weight of the evidence” analysis where the appellate court conducted “a full review of the testimony adduced at trial,” acting in the role of a jury. There was a strong dissent which argued the conviction should be reversed because the trial judge did not turn over to the defense certain records concerning the complainant’s mental health after an in camera review.  People v McCray, 103682 Third Dept 1-17-13

 

January 17, 2013
Tags: APPEALS, Third Department, WEIGHT OF THE EVIDENCE
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https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png 0 0 Bruce Freeman https://www.newyorkappellatedigest.com/wp-content/uploads/2018/03/NYAppelateLogo-White-1.png Bruce Freeman2013-01-17 17:56:142020-12-03 14:39:47“Weight of the Evidence” Review.
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Waiver of Right to Appeal Unenforceable. Throwing Objects Off Balcony Evinces Depraved Indifference.
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