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People v. Yourdon

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 974 (N.Y. App. Div. 1989)

Opinion

April 14, 1989

Appeal from the Supreme Court, Erie County, Flynn, Jr., J.

Present — Denman, J.P., Boomer, Pine, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Viewing the evidence, as we must, in the light most favorable to the People and granting it all reasonable inferences (People v. Ford, 66 N.Y.2d 428, 437), we conclude that it provided a valid line of reasoning to support the jury verdict (People v Bleakley, 69 N.Y.2d 490, 495). Defendant also contends that the verdict was against the weight of the evidence. He asserts that the jury erred in crediting complainant's testimony on the issue of forcible compulsion. The issue of complainant's credibility was a matter for jury determination (see, People v. Hill, 115 A.D.2d 239, lv denied 67 N.Y.2d 884). Great deference should be accorded this determination and we find no basis to conclude that the jury failed to give the evidence the weight it should be accorded (see, People v. Bleakley, supra).

The other errors claimed by defendant are either unpreserved (CPL 470.05) or were corrected, without further objection, by the court's strong curative instructions (see, People v. Santiago, 52 N.Y.2d 865, 866; People v. Arce, 42 N.Y.2d 179, 189-191).


Summaries of

People v. Yourdon

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 14, 1989
149 A.D.2d 974 (N.Y. App. Div. 1989)
Case details for

People v. Yourdon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LOUIS YOURDON…

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

Date published: Apr 14, 1989

Citations

149 A.D.2d 974 (N.Y. App. Div. 1989)

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