Legal Opinion

People v. Montalvo

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

Decided July 6, 1999PublishedCited by 3 opinions

1Opinion of the Court

—Appeal by the *462defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered April 8, 1998, convicting him of sodomy in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

After a nonjury trial at which the defendant and the complainant testified, the trial court resolved the issue of credibility in the victim’s favor. Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented were primarily questions to be determined by the trier of fact, which saw and heard the witnesses (see,…

2Cases cited4 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. TuckerNew York Court of Appeals · 1981
  4. People v. MorenoNew York Court of Appeals · 1987

3Cited by3 opinions

  1. People v. MasonAppellate Division of the Supreme Court of the State of New York · 2003
  2. People v. AlfordAppellate Division of the Supreme Court of the State of New York · 2001
  3. People v. RestrepoAppellate Division of the Supreme Court of the State of New York · 2002

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