Legal Opinion

People v. Ross

Appellate Division of the Supreme Court of the State of New York

Decided November 25, 2008Published

1Opinion of the Court

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered October 10, 2006, convicting defendant, after a jury trial, of two counts of criminal sexual act in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility, including its evaluation of inconsistencies in testimony and the victim’s explanation for her prior…

2Cases cited5 opinions

  1. People v. DanielsonNew York Court of Appeals · 2007
  2. People v. JardinNew York Court of Appeals · 1996
  3. People v. JardinNew York Supreme Court · 1992
  4. People v. DiMariaAppellate Division of the Supreme Court of the State of New York · 2005
  5. People v. WashingtonAppellate Division of the Supreme Court of the State of New York · 2008

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