People v. Stroud
Appellate Division of the Supreme Court of the State of New York
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
- In re PadillaNew York Court of Appeals · 1986
- People v. ShedrickNew York Court of Appeals · 1985
- People v. ShedrickAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ChristianAppellate Division of the Supreme Court of the State of New York · 1988
- People v. BurnettAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by2 opinions
- People v. FedrickAppellate Division of the Supreme Court of the State of New York · 1991
- People v. TerrellAppellate Division of the Supreme Court of the State of New York · 2000