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People v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 613 (N.Y. App. Div. 1985)

Opinion

December 16, 1985

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


Judgment affirmed.

Defendant was arrested in the driver's seat of a stolen van after a chase during which two police officers saw its driver and passenger. The passenger managed to escape. Defendant's contentions all relate to whether proof of his guilt was established at trial and center on the credibility of witnesses who testified in detail and were subject to extensive cross-examinations. Issues of credibility are primarily for the jury (People v Gruttola, 43 N.Y.2d 116, 122). We have reviewed the evidence and have determined that it was sufficient to permit a rational trier of fact to find that defendant was guilty of the crimes charged beyond a reasonable doubt (see, People v Contes, 60 N.Y.2d 620, 621). Mollen, P.J., Thompson, Niehoff and Eiber, JJ., concur.


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1985
115 A.D.2d 613 (N.Y. App. Div. 1985)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL DIAZ, Appellant

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

Date published: Dec 16, 1985

Citations

115 A.D.2d 613 (N.Y. App. Div. 1985)