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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1987
129 A.D.2d 738 (N.Y. App. Div. 1987)

Opinion

April 20, 1987

Appeal from the Supreme Court, Kings County (O'Brien, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's only contention on appeal, the People satisfied their burden of proving the defendant's guilt of the robbery charges beyond a reasonable doubt. The defendant merely challenges the credibility of the complainant, who testified that he had given the defendant $10 in response to his demand. The defendant argues that because money was never recovered and the complainant's testimony in that regard was uncorroborated, the People failed to prove a completed robbery. The resolution of issues of credibility and the weight of the evidence is properly left for the trier of fact (see, People v Gruttola, 43 N.Y.2d 116, 122; People v Rosenfeld, 93 A.D.2d 872). Moreover, in light of the trial court's verdict, we must view the evidence in a light most favorable to the People (see, People v Di Girolamo, 108 A.D.2d 755, lv denied 64 N.Y.2d 1133). So viewed, we find nothing inherently incredible in the complainant's testimony and, therefore, there was more than ample evidence to sustain the verdict. Moreover, upon the exercise of our factual review power, we are satisfied that the evidence was of sufficient quality and quantity to establish the defendant's guilt beyond a reasonable doubt (see, CPL 470.15). Thompson, J.P., Brown, Niehoff and Rubin, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1987
129 A.D.2d 738 (N.Y. App. Div. 1987)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN JACKSON…

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

Date published: Apr 20, 1987

Citations

129 A.D.2d 738 (N.Y. App. Div. 1987)