People v. Miller

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN MILLER, Appellant

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

Date published: Sep 30, 1997

242 A.D.2d 514 (N.Y. App. Div. 1997)

663 N.Y.S.2d 827

Opinion

September 30, 1997

Appeal from Supreme Court, New York County (Juanita Bing Newton, J.).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Questions of credibility were properly presented to the jury and we see no reason to disturb its findings ( see, People v. Gaimari, 176 N.Y. 84, 94).

The court properly exercised its discretion by summarily denying defendant's motion to set aside the verdict. The motion failed to contain sworn allegations of fact from the jurors involved and counsel's averments were conclusory and speculative ( People v. Boddie, 240 A.D.2d 155; People v. Salaam, 187 A.D.2d 363, affd 83 N.Y.2d 51).

Concur — Milonas, J.P., Nardelli, Rubin, Mazzarelli and Andrias, JJ.