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People v. Amador

Appellate Division of the Supreme Court of New York, First Department
May 9, 1996
227 A.D.2d 186 (N.Y. App. Div. 1996)

Opinion

May 9, 1996

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).


The verdict was based on legally sufficient evidence and was not against the weight of the evidence, there being ample evidence of accessorial liability. Defendant took steps to prevent the victim's associate from observing or interrupting the murder and defendant's actions as getaway driver evinced his planned participation in the crime ( see, People v. Whatley, 69 N.Y.2d 784; People v. Basch, 36 N.Y.2d 154, 157).

The court properly exercised its discretion in receiving expert testimony ( see, People v. Garcia, 196 A.D.2d 433, affd 83 N.Y.2d 817), and in summarily denying defendant's patently meritless motion to set aside the verdict based on purported "newly discovered evidence" ( see, CPL 330.30; 330.40 [2] [e]; People v. Rodriguez, 193 A.D.2d 363, lv denied 81 N.Y.2d 1079).

Concur — Murphy, P.J., Sullivan, Rosenberger, Nardelli and Tom, JJ.


Summaries of

People v. Amador

Appellate Division of the Supreme Court of New York, First Department
May 9, 1996
227 A.D.2d 186 (N.Y. App. Div. 1996)
Case details for

People v. Amador

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL AMADOR…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: May 9, 1996

Citations

227 A.D.2d 186 (N.Y. App. Div. 1996)
642 N.Y.S.2d 27

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