People v. Ivey, 86 N.Y.2d 814 (1995)
The Appellate Division’s weight of the evidence review is constrained to weigh the evidence in light of the elements of the crime as charged without objection by the defendant.
Summary
Ivey was convicted of criminal possession of a controlled substance. The Appellate Division affirmed, finding the weight of evidence issue unpreserved. Ivey argued the Appellate Division failed to exercise its weight of the evidence review power. The Court of Appeals affirmed, holding that the Appellate Division’s review is constrained by the elements of the crime charged, absent objection, and that the Appellate Division need not expressly address its review power in every criminal case. This case clarifies the scope and application of the Appellate Division’s unique authority in New York to review the weight of the evidence in criminal cases.
Facts
Defendant was arrested in October 1992 for possessing 39 vials containing over 1,350 milligrams of pure cocaine.
He was subsequently convicted, after a jury trial, of criminal possession of a controlled substance in the fifth degree, in violation of Penal Law § 220.06(5).
Procedural History
The trial court convicted Ivey of criminal possession of a controlled substance in the fifth degree.
The Appellate Division affirmed the conviction, concluding that the issue of the defendant’s knowledge of the weight of the evidence had not been preserved for appeal.
The case then went to the New York Court of Appeals.
Issue(s)
Whether the Appellate Division failed to exercise its unique weight of the evidence review power in this case.
Holding
No, because the Appellate Division is constrained to weigh the evidence in light of the elements of the crime as charged without objection by defendant, and is not required to expressly address that review power in writing in all criminal cases.
Court’s Reasoning
The Court of Appeals addressed Ivey’s argument that the Appellate Division failed to properly exercise its weight of the evidence review power as established in People v. Bleakley, 69 N.Y.2d 490. The court held that the Appellate Division is limited to weighing the evidence against the elements of the crime as charged, especially when the defendant doesn’t object to those elements.
The court referenced its prior holding in People v. Gray, 86 N.Y.2d 10, which stated that a defendant must preserve the issue of their knowledge of the weight of the drugs. Because Ivey did not properly object at trial, the Appellate Division’s review was appropriately constrained.
The Court of Appeals emphasized the practical aspect of appellate review: