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. RICHARD BRAXTON, Appellant.

The hearing court's findings of fact crediting the police officer's testimony that he observed defendant from a distance of approximately 25 feet drop a handgun on the sidewalk are entitled to much weight (People v Prochilo, 41 N.Y.2d 759, 761), and will not be disturbed by this Court. The officer's observations provided cause for defendant's arrest.

Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that defendant's guilt of two counts of criminal possession of a weapon in the third degree was proven beyond a reasonable doubt by legally sufficient evidence, and upon an independent review of the facts, that the verdict was not against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the credibility of the police officers were properly placed before the fact finder, and we find no reason to disturb its determination.

Concur — Sullivan, J.P., Ellerin, Rubin, Williams and Tom, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. BRAXTON
(Apr 25, 1995)