From Casetext: Smarter Legal Research

People v. Woods

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1984
99 A.D.2d 556 (N.Y. App. Div. 1984)

Opinion

January 30, 1984


Appeal by the People from an order of the Supreme Court, Queens County (Zelman, J.), dated June 8, 1982, which, after a jury trial and a verdict finding defendant guilty of burglary in the third degree and criminal mischief in the fourth degree, set aside the verdict and dismissed the indictment. The notices of appeal by the People from oral rulings of the court dated June 1, 1982 and June 8, 1982 are deemed premature notices of appeal from the order dated June 8, 1982 (CPL 460.10, subd 6). Order reversed, on the law, jury verdict reinstated and matter remitted to the Supreme Court, Queens County, for the imposition of sentence. In setting aside a verdict pursuant to CPL 330.30 (subd 1) a trial court is required to "assume that the jury credited the People's witnesses and thus must view the facts most favorably to the prosecution" ( People v Montanez, 41 N.Y.2d 53, 57). In the instant case, the inconsistencies in the testimony of the prosecution's witnesses cited by the trial court in setting aside the verdict presented an issue of credibility for the jury to determine and, viewing the facts in a light most favorable to the People, it cannot be said that the testimony was so incredible as to warrant vacatur of its verdict ( People v Johnson, 77 A.D.2d 666; People v Dorta, 56 A.D.2d 607, app. dsmd. 44 N.Y.2d 930). We have examined defendant's other argument in support of affirmance and find it to be without merit. Titone, J.P., Mangano, O'Connor and Brown, JJ., concur.


Summaries of

People v. Woods

Appellate Division of the Supreme Court of New York, Second Department
Jan 30, 1984
99 A.D.2d 556 (N.Y. App. Div. 1984)
Case details for

People v. Woods

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GARY WOODS, Respondent

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

Date published: Jan 30, 1984

Citations

99 A.D.2d 556 (N.Y. App. Div. 1984)

Citing Cases

People v. Vasquez

Following completion of the defendant's case, the motion to dismiss was renewed on the grounds that since the…

People v. Ramos

In deciding a motion to set aside a criminal verdict, the trial court is required to assume that the jury…