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People v. Sutton, Harris

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1985
108 A.D.2d 942 (N.Y. App. Div. 1985)

Opinion

February 25, 1985

Appeal from the County Court, Westchester County (Cowhey, J.).


Judgments affirmed.

Although certain inconsistencies appear in the testimony of the prosecution witnesses, and the complaining witness himself had a criminal record, "resolution of credibility * * * [was] properly for the trier of fact" ( People v La Borde, 76 A.D.2d 869, 870; People v Rosenfeld, 93 A.D.2d 872). We are "traditionally resistant to second-guessing [a] determination on this issue" ( People v Di Girolamo, 108 A.D.2d 755), and the facts adduced in the case at bar "do not compel the conclusion that a reasonable doubt existed as a matter of law" ( People v La Borde, supra, p 870). Mangano, J.P., Bracken, Weinstein and Niehoff, JJ., concur.


Summaries of

People v. Sutton, Harris

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1985
108 A.D.2d 942 (N.Y. App. Div. 1985)
Case details for

People v. Sutton, Harris

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTOINE SUTTON and…

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

Date published: Feb 25, 1985

Citations

108 A.D.2d 942 (N.Y. App. Div. 1985)

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