PEOPLE v. DANIELSON


9 N.Y.3d 342 (2007)

880 N.E.2d 1

849 N.Y.S.2d 480

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KHALIL DANIELSON, Also Known as KHALI DANIELSON, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEXANDER PASLEY, Appellant.

Court of Appeals of the State of New York.

Decided December 13, 2007.


Attorney(s) appearing for the Case

James E. Neuman, New York City, for appellant in the first above-entitled action.

Robert T. Johnson, District Attorney, Bronx (T. Charles Won, Joseph N. Ferdenzi and Nancy D. Killian of counsel), for respondent in the first above-entitled action.

Center for Appellate Litigation, New York City (Abigail Everett and Robert S. Dean of counsel), for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney, New York City (Vincent Rivellese and Mark Dwyer of counsel), for respondent in the second above-entitled action.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.


OPINION OF THE COURT

Chief Judge KAYE.

These two appeals call upon us to determine the scope of weight of the evidence review when a defendant has failed to preserve a challenge to the legal sufficiency of his conviction. In particular, we are asked whether weight of the evidence review requires assessment of the elements of the crime for which defendant is convicted, or whether such review would simply be...

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