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People v. Diaz

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2003
304 A.D.2d 448 (N.Y. App. Div. 2003)

Opinion

877

April 22, 2003.

Judgment, Supreme Court, Bronx County (Robert Straus, J.), rendered February 26, 2001, convicting defendant, after a jury trial, of murder in the second degree, attempted murder in the second degree (three counts) and criminal possession of a weapon in the second degree, and sentencing him to a term of 25 years to life to run consecutively to three concurrent terms of 5 years and concurrently with a term of 15 years, unanimously affirmed.

David S. Weisel, for respondent.

Luke Martland, for defendant-appellant.

Before: Nardelli, J.P., Mazzarelli, Rosenberger, Ellerin, Gonzalez, JJ.


The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to the backgrounds of the People's witnesses and any benefits a witness received for his testimony, were properly considered by the jury and there is no basis upon which to disturb its determinations (see People v. Gaimari, 176 N.Y. 84, 94). Defendant was identified by two witnesses and confessed to a third.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, First Department
Apr 22, 2003
304 A.D.2d 448 (N.Y. App. Div. 2003)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE DIAZ…

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

Date published: Apr 22, 2003

Citations

304 A.D.2d 448 (N.Y. App. Div. 2003)
757 N.Y.S.2d 723

Citing Cases

Diaz v. Girdich

On April 22, 2003, the Appellate Division unanimously affirmed the conviction. People v. Diaz, 304 A.D.2d…