Legal Opinion

People v. Stroud

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

Decided September 27, 1988PublishedCited by 2 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant contends that the People’s proof was insufficient to sustain his conviction of the crime of robbery in the third degree (Penal Law § 160.05). His primary contention is that the testimony of the 12-year-old witness was not credible. The determination of a witness’s credibility is left to the trier of fact who has the advantage of hearing and observing the witnesses (People v Shedrick, 104 AD2d 263, 274, affd 66 NY2d 1015, rearg denied 67 NY2d 758). We find no basis to disturb the court’s determination of the witness’s credibility (see,…

2Cases cited6 opinions

  1. In re PadillaNew York Court of Appeals · 1986
  2. People v. ShedrickNew York Court of Appeals · 1985
  3. People v. ShedrickAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. ChristianAppellate Division of the Supreme Court of the State of New York · 1988
  5. People v. BurnettAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by2 opinions

  1. People v. FedrickAppellate Division of the Supreme Court of the State of New York · 1991
  2. People v. TerrellAppellate Division of the Supreme Court of the State of New York · 2000

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