Legal Opinion

People v. Hart

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

Decided May 31, 1988PublishedCited by 8 opinions

1Opinion of the Court

On the instant appeal, the defendant argues, inter alia, that his guilt was not proven since the victim’s eyewitness testimony concerning the alleged robbery on January 14, 1983, was rebutted by the testimony of several alibi witnesses. We disagree. Whether the alibi witnesses’ testimony was sufficient to overcome the identification testimony of the victim is a question primarily for the jury to resolve (see, People v Gaimari, 176 NY 84, 94; People v Herriot, 110 AD2d 851). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by…

2Cases cited9 opinions

  1. People v. . GaimariNew York Court of Appeals · 1903
  2. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  3. People v. WhalenNew York Court of Appeals · 1983
  4. People v. TrowbridgeNew York Court of Appeals · 1953
  5. People v. JohnsonNew York Court of Appeals · 1982

4 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. People v. GordilloAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. SotoAppellate Division of the Supreme Court of the State of New York · 1989
  3. People v. PolidoreAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. ReynoldsAppellate Division of the Supreme Court of the State of New York · 1991
  5. People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1989

3 more not listed; retrieve them via the Exa API.

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