From Casetext: Smarter Legal Research

People v. Durda

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 824 (N.Y. App. Div. 1999)

Opinion

October 1, 1999

Appeal from Judgment of Supreme Court, Monroe County, Affronti, J. — Rape, 3rd Degree.


Judgment unanimously affirmed.

Memorandum:

Upon remittitur to Supreme Court for a reconstruction hearing (People v. Durda, 259 A.D.2d 996 [decided Mar. 31, 1999]), the court properly determined, based upon the testimony adduced at the hearing (see, People v. Alomar, 93 N.Y.2d 239), that the People's Ventimiglia application was decided on papers alone and that no off-the-record proceeding occurred. We conclude, therefore, that the People met their burden at the reconstruction hearing of establishing by a preponderance of the evidence that defendant was not denied the right to be present at a Ventimiglia proceeding (see, People v. Terry, 225 A.D.2d 1058, lv denied 88 N.Y.2d 886). We further conclude that the verdict is based upon sufficient evidence and is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495). (Resubmission of Appeal from Judgment of Supreme Court, Erie County, Burns, J. — Criminal Possession Controlled Substance, 3rd Degree.)

PRESENT: HAYES, J. P., WISNER, PIGOTT, JR., SCUDDER AND CALLAHAN, JJ.


Summaries of

People v. Durda

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 1999
265 A.D.2d 824 (N.Y. App. Div. 1999)
Case details for

People v. Durda

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. JAMES DURDA…

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

Date published: Oct 1, 1999

Citations

265 A.D.2d 824 (N.Y. App. Div. 1999)
696 N.Y.S.2d 609

Citing Cases

People v. Walker

In ordering the reconstruction hearing, the Court of Appeals held that defendant had rebutted the presumption…