From Casetext: Smarter Legal Research

People v. Holifield

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 2006
27 A.D.3d 1163 (N.Y. App. Div. 2006)

Opinion

KA 03-01815.

March 17, 2006.

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered June 16, 2003. The judgment convicted defendant, upon a jury verdict, of murder in the first degree, robbery in the first degree (two counts), criminal possession of a weapon in the second degree and grand larceny in the fourth degree (two counts).

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PHILIP ROTHSCHILD OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Before: Pigott, Jr., P.J., Scudder, Gorski, Martoche and Green, JJ.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him following a jury trial of one count each of murder in the first degree (Penal Law § 125.27 [a] [vii]; [b]), and criminal possession of a weapon in the second degree (former § 265.03 [2]) and two counts each of robbery in the first degree (§ 160.15 [2]) and grand larceny in the fourth degree (§ 155.30 [4], [8]). We reject defendant's contention that the verdict is against the weight of the evidence. The testimony of defendant that his girlfriend killed the victim and that he confessed to the crime in order to protect her raised an issue of credibility that the jury was entitled to resolve against defendant ( see generally People v. Delosh, 2 AD3d 1047, 1049, lv denied 1 NY3d 626; People v. Lynch, 273 AD2d 806, 807, lv denied 95 NY2d 936, cert denied 531 US 1194; People v. Giomundo, 209 AD2d 953, lv denied 85 NY2d 909). We cannot conclude that the jury failed to give the evidence the weight it should be accorded ( see generally People v. Bleakley, 69 NY2d 490, 495; Lynch, 273 AD2d at 807; Giomundo, 209 AD2d at 953).


Summaries of

People v. Holifield

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 2006
27 A.D.3d 1163 (N.Y. App. Div. 2006)
Case details for

People v. Holifield

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY HOLIFIELD…

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

Date published: Mar 17, 2006

Citations

27 A.D.3d 1163 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2029
811 N.Y.S.2d 536

Citing Cases

People v. Holifield

The Defendant subsequently appealed his conviction alleging, among other things, that his conviction was…

Holifield v. Supt., Southport Correctional Facility

See Docket No. 9, Attach. 1. The Appellate Division refused to reweigh the evidence and affirmed the…