New York Criminal Attorney Blog
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.
The jury found the defendant guilty of crimes of predatory sexual assault against a child, course of sexual conduct against a child in the first degree, criminal sexual act in the first degree, and course of sexual conduct against a child in the second degree. Reviewing the record, the higher court determined that the jury did indeed have sufficient evidence in the testimony and medical record to support the verdict.
The case highlights the difficulty of winning an appeal under “insufficiency of the evidence.” Many times, if a jury has already unanimously concluded that a defendant is guilty, a judge will be hesitant to distrust the jury and overturn the case. In some cases, though, this argument can be successful, and with the right attorney on your side, you can put yourself in the most favorable position to get your conviction overturned.
Do You Need a New York Sex Crimes Attorney by Your Side?
At Tilem & Associates, we provide high quality representation when you need it the most. No matter the severity or complexity of your charges, we are committed to preserving your rights, fighting for your freedoms, and aggressively litigating your case. We understand that facing criminal charges can feel incredibly daunting, and we do everything in our power to make the process as painless and reassuring for you as possible.
For a free and confidential consultation with an experienced New York sex crimes attorney, give us a call today at 877-377-8666. You can also fill out our online form to tell us about your case and have a member of our team reach out to you as soon as possible.