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People v. Falcon

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1991
175 A.D.2d 178 (N.Y. App. Div. 1991)

Opinion

July 8, 1991

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


Ordered that the judgment is affirmed.

The defendant was charged with several crimes relating to his alleged engagement in sexual intercourse with his daughter over a period of approximately four years. At the trial, the defendant's daughter testified that the defendant had sexual intercourse with her on different occasions. Also, a doctor testified that in her opinion, the defendant's daughter had been sexually abused.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). The defendant argues that the court should not have credited his daughter's testimony because it was incredible. However, the resolution of issues of credibility is for the trier-of-fact which saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 A.D.2d 86, 88). Bracken, J.P., Kooper, Miller and O'Brien, JJ., concur.


Summaries of

People v. Falcon

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1991
175 A.D.2d 178 (N.Y. App. Div. 1991)
Case details for

People v. Falcon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ENRIQUE FALCON…

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

Date published: Jul 8, 1991

Citations

175 A.D.2d 178 (N.Y. App. Div. 1991)
573 N.Y.S.2d 901