AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY CHENG, Also Known as JIH JU I CHENG, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish that the defendant shared a "community of purpose" with the shooter, so as to be held responsible for the acts of the principal ( see, People v Armistead, 178 AD2d 607; People v McClary, 138 AD2d 413). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15). Furthermore, the trial court did not err in denying the defendant's CPL 330.30 motion to set aside the verdict on the ground of newly discovered evidence, where the sole basis for this motion was an eyewitness's recantation of his trial testimony ( see, People v Salemi, 309 NY 208, cert denied 350 US 950; People v Baxley, 194 AD2d 681, mod on other grounds 84 NY2d 208).

The sentence imposed was not excessive ( see, People v Suitte, 90 AD2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Use AI to get other relevant cases.

Comments

PEOPLE v. JIMMY CHENG
(Oct 28, 1996)