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People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 765 (N.Y. App. Div. 1987)

Opinion

January 26, 1987

Appeal from the Supreme Court, Kings County (Hayes, J.).


Ordered that the judgment is affirmed.

The defendant contends that the complainant was irrefutably impeached by the introduction of prior inconsistent statements regarding the incident and that his alibi was not disproven. Contrary to the defendant's contention, we find that the evidence adduced at trial, when viewed most favorably to the People, was sufficient to establish the defendant's guilt beyond a reasonable doubt (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932).

It is well settled that resolution of issues relating to the credibility of witnesses and the weight to be accorded evidence is the province of the jury and its determination may not be overturned lightly on appeal (People v. Gebert, 118 A.D.2d 799; People v. Bauer, 113 A.D.2d 543; People v. Rodriguez, 72 A.D.2d 571). Minor discrepancies between the testimony of witnesses are not sufficient to show that a witness's testimony is incredible as a matter of law (People v. Rosenfeld, 93 A.D.2d 872). Bracken, J.P., Lawrence, Eiber and Spatt, JJ., concur.


Summaries of

People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Jan 26, 1987
126 A.D.2d 765 (N.Y. App. Div. 1987)
Case details for

People v. Washington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES WASHINGTON…

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

Date published: Jan 26, 1987

Citations

126 A.D.2d 765 (N.Y. App. Div. 1987)

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