People v. White

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY WHITE…

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

Date published: Sep 30, 1985

113 A.D.2d 962 (N.Y. App. Div. 1985)

493 N.Y.S.2d 767

Opinion

September 30, 1985

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

Judgment affirmed.

While defendant's testimony in support of his affirmative defense of duress was not incredible, the jury chose not to credit defendant's testimony, and drew a reasonable inference of criminal intent from the circumstantial evidence adduced at trial (see, People v Barnes, 50 N.Y.2d 375, 381). Therefore, the verdict should not be disturbed. Mangano, J.P., Rubin, Lawrence and Eiber, JJ., concur.