People v. Walton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the verdict is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The incorrect initial estimate of defendant’s height by the eyewitness raised an issue of credibility for the jury (see, People v White, 192 AD2d 736, 737, lv denied 81 NY2d 1082). "Resolutions of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses” (People v White, supra, at 737; see, People v…
2Cases cited5 opinions
- People v. BleakleyNew York Court of Appeals · 1987
- People v. OcasioNew York Court of Appeals · 1995
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1993
- People v. YoungsAppellate Division of the Supreme Court of the State of New York · 1995
- People v. LopezAppellate Division of the Supreme Court of the State of New York · 1996