From Casetext: Smarter Legal Research

People v. Rosenfeld

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1983
93 A.D.2d 872 (N.Y. App. Div. 1983)

Opinion

April 18, 1983


Appeal by defendant from a judgment of the County Court, Dutchess County (Rosenblatt, J.), rendered September 10, 1980, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. While we recognize that there were certain inconsistencies in the testimony of several of the witnesses, credibility and the weight to be afforded each piece of evidence is within the province of the jury (see People v La Borda, 76 A.D.2d 869, 870). We have reviewed the record and cannot say, as a matter of law, that the People failed to sustain their burden of demonstrating that the gun was operable (see People v Grillo, 15 A.D.2d 502, affd 11 N.Y.2d 841). We have considered the defendant's remaining contentions and find that they do not merit reversal. Mollen, P.J., Damiani, Titone and Mangano, JJ., concur.


Summaries of

People v. Rosenfeld

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1983
93 A.D.2d 872 (N.Y. App. Div. 1983)
Case details for

People v. Rosenfeld

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAUL KEITH ROSENFELD…

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

Date published: Apr 18, 1983

Citations

93 A.D.2d 872 (N.Y. App. Div. 1983)

Citing Cases

Rosenfeld v. Dunham

A jury acquitted him of the robbery count, but he was convicted of criminal possession of a weapon and…

People v. Washington

The defendant contends that the complainant was irrefutably impeached by the introduction of prior…