Legal Opinion

People v. Baker

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

Decided September 23, 2002Published

1Opinion of the Court

The defendant’s contention that the People failed to prove that he used physical force to prevent or overcome resistance by the complainant is without merit. Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Santiago, 48 NY2d 1023; People v Huggins, 228 AD2d 241; People v Brown, 178 AD2d 420). “Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions…

2Cases cited6 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. . GaimariNew York Court of Appeals · 1903
  3. People v. SantiagoNew York Court of Appeals · 1980
  4. People v. HugginsAppellate Division of the Supreme Court of the State of New York · 1996
  5. People v. BerberichAppellate Division of the Supreme Court of the State of New York · 2001

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