People v. Burks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, defendant contends that the jury’s verdict is against the weight of the evidence because the People failed to disprove his alibi beyond a reasonable doubt. "Determination of the credibility of witnesses is a task within the province of the jury, and its judgment should not be lightly disturbed” (People v DeJac, 219 AD2d 102, 106, citing People v Gruttola, 43 NY2d 116, 122). The…
2Cases cited10 opinions
- People v. HarrisNew York Court of Appeals · 1982
- People v. GruttolaNew York Court of Appeals · 1977
- People v. RodneyNew York Court of Appeals · 1995
- People v. JacAppellate Division of the Supreme Court of the State of New York · 1996
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by5 opinions
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- People v. SmithAppellate Division of the Supreme Court of the State of New York · 2000
- People v. LeAppellate Division of the Supreme Court of the State of New York · 2000
- People v. PruittAppellate Division of the Supreme Court of the State of New York · 2004
- People v. ReyesAppellate Division of the Supreme Court of the State of New York · 1996