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People v. Burse

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1987
133 A.D.2d 229 (N.Y. App. Div. 1987)

Opinion

August 24, 1987

Appeal from the County Court, Rockland County (Edelstein, J.).


Ordered that the judgment is affirmed.

The trial court properly denied the defendant's motion to set aside the verdict pursuant to CPL 330.30 (3) (see, People v Woods, 99 A.D.2d 556). Viewing the evidence in the light most favorable to the People, it is sufficient as a matter of law to support the convictions (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). Moreover, upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15). To the extent that the defendant presently challenges the veracity of the prosecution witnesses, the question of credibility was properly presented to the jury, and we perceive no basis for disturbing its resolution of the issue (see, People v. McCaskill, 117 A.D.2d 757, lv denied 67 N.Y.2d 947; People v. Batts, 111 A.D.2d 761; People v. Jiminez, 100 A.D.2d 629; People v. Johnson, 77 A.D.2d 666).

We have examined the other points raised by the defendant and find them to be without merit. Mollen, P.J., Thompson, Bracken and Brown, JJ., concur.


Summaries of

People v. Burse

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1987
133 A.D.2d 229 (N.Y. App. Div. 1987)
Case details for

People v. Burse

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHELDON BURSE, Also…

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

Date published: Aug 24, 1987

Citations

133 A.D.2d 229 (N.Y. App. Div. 1987)