Opinion

People v. Perry Board

  • 114 A.D.3d 585
  • 980 N.Y.S.2d 462
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Feb 25, 2014
Status
Published
Cited by
0 cases
Authority
More cited than 2.3%

The opinion

Judgment, Supreme Court, Bronx County (Alvin Yearwood, J.), rendered March 22, 2012, convicting defendant, after a nonjury trial, of two counts of harassment in the second degree, and sentencing him to concurrent terms of 15 days, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s credibility determinations.

The court properly exercised its discretion in declining to admit into evidence photographs of the victim that were offered to show the victim’s demeanor shortly before she testified, since these photographs lacked sufficient relevance to any material issue in the case. In any event, the court, sitting as trier of fact, *586 was indirectly made aware of the alleged contrast between the victim’s demeanor before and during her testimony. Concur— Sweeny, J.E, Andrias, Moskowitz, DeGrasse and Gische, JJ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.