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People v. Soba

Appellate Division of the Supreme Court of New York, First Department
Jan 12, 2006
25 A.D.3d 425 (N.Y. App. Div. 2006)

Opinion

7568.

January 12, 2006.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered September 25, 2003, convicting defendant, after a nonjury trial, of sodomy in the third degree, sexual abuse in the third degree (four counts) and endangering the welfare of a child (two counts), and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

Laura R. Johnson, The Legal Aid Society, New York (Adrienne Hale of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sheila A. O'Shea of counsel), for respondent.

Before: Saxe, J.P., Friedman, Williams, Catterson and Malone, JJ. Concur.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility, including its resolution of inconsistencies in testimony ( see People v. Gaimari, 176 NY 84, 94).


Summaries of

People v. Soba

Appellate Division of the Supreme Court of New York, First Department
Jan 12, 2006
25 A.D.3d 425 (N.Y. App. Div. 2006)
Case details for

People v. Soba

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SOBA, Appellant

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

Date published: Jan 12, 2006

Citations

25 A.D.3d 425 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 227
806 N.Y.S.2d 415