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People v. Springs

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1987
128 A.D.2d 652 (N.Y. App. Div. 1987)

Opinion

March 9, 1987

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


Ordered that the judgment is affirmed.

Viewing the evidence presented at trial in the light most favorable to the prosecution and giving it the benefit of every reasonable inference to be drawn therefrom (see, People v Giuliano, 65 N.Y.2d 766, 768), 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. The defendant's contention that there was insufficient evidence is essentially based upon his belief that the complainant's testimony is untrustworthy because the defendant had an alibi. The assessment of credibility in this case is a matter for the jury to resolve, and the jury is not bound to accept the testimony of the alibi witness over that of the complainant (see, People v. McDonald, 125 A.D.2d 500; People v. Jeffries, 125 A.D.2d 412; People v. Cox, 114 A.D.2d 968).

The defendant's claim of ineffective assistance of counsel is based on matters dehors the record, and his claim of prosecutorial misconduct is, upon the facts of this case, without merit.

Finally, the sentence was not excessive (see, People v Suitte, 90 A.D.2d 80, 85-86). Niehoff, J.P., Lawrence, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Springs

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1987
128 A.D.2d 652 (N.Y. App. Div. 1987)
Case details for

People v. Springs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALBERT SPRINGS…

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

Date published: Mar 9, 1987

Citations

128 A.D.2d 652 (N.Y. App. Div. 1987)