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People v. Andrews

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1002 (N.Y. App. Div. 1985)

Opinion

August 12, 1985

Appeal from the Supreme Court, Queens County (Dufficy, J.).


Judgment affirmed.

Defendant contends that the evidence at trial was insufficient to establish his guilt beyond a reasonable doubt. He claims that the testimony of the complaining witness was incredible as a matter of law. In view of the jury verdict we must view the evidence in a light most favorable to the People ( People v. Di Girolamo, 108 A.D.2d 755, lv denied 64 N.Y.2d 1133). Although minor inconsistencies appear in the complainant's testimony, resolution of credibility was properly for the trier of fact ( see, People v. La Borde, 76 A.D.2d 869; People v Rosenfeld, 93 A.D.2d 872). We are "traditionally resistant to second guessing its determination on this issue" ( People v. Di Girolamo, supra, p 755; see, People v. Rodriguez, 72 A.D.2d 571), and the facts in the case at bar do not compel the conclusion that a reasonable doubt existed as a matter of law. Mollen, P.J., Gibbons, Rubin and Kooper, JJ., concur.


Summaries of

People v. Andrews

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1985
112 A.D.2d 1002 (N.Y. App. Div. 1985)
Case details for

People v. Andrews

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL M. ANDREWS…

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

Date published: Aug 12, 1985

Citations

112 A.D.2d 1002 (N.Y. App. Div. 1985)

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