People v. Lourido
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Viewing the evidence adduced at the trial in a light most favorable to the prosecution, as we must do (see, People v Walstatter, 53 NY2d 871), any rational trier of the facts could have found the defendant guilty of rape in the first degree beyond a reasonable doubt (see, People v Contes, 60 NY2d 620). Questions of witness credibility, including inconsistencies in the complainant’s testimony as compared to that of other witnesses, are to be resolved by the jury (see, People v Flammer, 106 AD2d 398).
The defendant’s constitutional right to remain silent was not violated when the prosecutor was…
2Cases cited7 opinions
- People v. ContesNew York Court of Appeals · 1983
- Williams v. AlexanderNew York Court of Appeals · 1955
- Greenfield v. . People of the State of N.Y.New York Court of Appeals · 1881
- Linsday v. . People of the State of N.Y.New York Court of Appeals · 1875
- People v. WalstatterNew York Court of Appeals · 1981
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3Cited by1 opinion
- People v. LouridoNew York Court of Appeals · 1987