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People v. Black

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 2004
6 A.D.3d 182 (N.Y. App. Div. 2004)

Opinion

3295.

Decided April 1, 2004.

Judgment, Supreme Court, Bronx County (Lawrence Tonetti, J.), rendered May 18, 2000, convicting defendant, after a jury trial, of sexual abuse in the first degree and endangering the welfare of a child, and sentencing him to an aggregate term of 5 years probation, unanimously affirmed.

Argiro Kosmetatos, for Respondent.

Jonathan Garelick, for Defendant-Appellant.

Before: Mazzarelli, J.P., Andrias, Sullivan, Friedman, Marlow, JJ.


The verdict was not against the weight of the evidence. Issues of credibility, including the resolution of conflicts in testimony, were properly considered by the jury and there is no basis for disturbing its determinations ( see People v. Gaimari, 176 N.Y. 84, 94). The fact that defendant was acquitted of certain counts does not warrant a different conclusion ( see People v. Rayam, 94 N.Y.2d 557).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Black

Appellate Division of the Supreme Court of New York, First Department
Apr 1, 2004
6 A.D.3d 182 (N.Y. App. Div. 2004)
Case details for

People v. Black

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CAROL BLACK…

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

Date published: Apr 1, 2004

Citations

6 A.D.3d 182 (N.Y. App. Div. 2004)
773 N.Y.S.2d 876

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