Legal Opinion

People v. Akin

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

Decided October 1, 1993PublishedCited by 20 opinions

1Opinion of the Court

—Judgment unanimously reversed on the facts and indictment dismissed. Memorandum: Defendant argues that deficiencies and inconsistencies in the People’s proof, along with the exculpatory evidence presented by defense witnesses, compel reversal of his conviction. We agree.

In a bench trial, no less than a jury trial, the resolution of credibility issues by the trier of fact and its determination of the weight to be accorded the evidence presented are entitled to great deference (see, People v Davis, 191 AD2d 705; People v Walker, 191 AD2d 603, lv denied 81 NY2d 1021; People v Adams, 164 AD2d…

2Cases cited6 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. AdamsAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1993
  5. People v. WalkerAppellate Division of the Supreme Court of the State of New York · 1993

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3Cited by20 opinions

  1. People v. CahillNew York Court of Appeals · 2003
  2. People v. McCoyAppellate Division of the Supreme Court of the State of New York · 2012
  3. People v. KelleyAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. BrittAppellate Division of the Supreme Court of the State of New York · 2002
  5. GHENT, III, JAMES A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2015

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