Sometimes, if a jury finds a defendant guilty of a crime like sexual assault or any other criminal offense, the defendant will later argue that the verdict was “against the weight of the evidence” at trial. This essentially means that the defendant wants to claim that the jury did not actually have grounds to find him or her guilty. What is the standard for this argument in New York? And how difficult is it to successfully argue that a verdict was against the weight of the evidence at trial?
Case Law in New York
In New York, a court reviewing a case for the “weight of the evidence” must first determine “whether a different verdict would have been unreasonable” and, secondly, must weigh the conflicting testimony and evidence to determine if the verdict is “supported by the weight of the evidence.” The court will generally review the statute that is relevant to a defendant’s guilty verdict and then determine whether the evidence supports the verdict in relation to the statute.
Case Before New York Appellate Court
In a recent case before the New York Appellate Division, Third Department, the court demonstrated the difficulty of proving that a defendant’s verdict was against the weight of the evidence. The case revolved around alleged sexual misconduct between the defendant and a child, and the jury relied on evidence such as testimony from the victim, a medical examination of the defendant, and the defendant’s own statements about the sexual acts.