PEOPLE v. HENDERSON


50 A.D.3d 439 (2008)

855 N.Y.S.2d 490

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN HENDERSON, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided April 15, 2008.


The verdict was based on more than legally sufficient evidence, and was not against the weight of the evidence. Defendant was convicted on the basis of the eyewitness testimony of two correction officers who both observed him stabbing a fellow inmate. The jury had substantial grounds to credit these officers, and to reject the testimony of defendant's witness, the inmate-victim who vaguely claimed that the attack was by three Hispanic inmates whom he could not identify, and...

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