People v. Westbrooks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
On appeal from a judgment convicting him following a jury trial of rape in the first degree (Penal Law § 130.35 [1]), defendant contends that the verdict is against the weight of the evidence. We reject that contention. This case turned largely upon the credibility of the victim, and it is well settled that “ [resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury” (People v Witherspoon, 66 AD3d 1456, 1457 [2009], lv denied 13 NY3d 942 [2010] [internal quotation marks omitted]; see…
2Cases cited6 opinions
- People v. WrightAppellate Division of the Supreme Court of the State of New York · 2004
- People v. CookNew York Court of Appeals · 1999
- People v. PlantAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MooreAppellate Division of the Supreme Court of the State of New York · 2010
- People v. ErleAppellate Division of the Supreme Court of the State of New York · 2011
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3Cited by12 opinions
- People v. WilliamsAppellate Division of the Supreme Court of the State of New York · 2013
- People v. NicholsonAppellate Division of the Supreme Court of the State of New York · 2014
- People v. HowardAppellate Division of the Supreme Court of the State of New York · 2012
- HOWARD, EARL, PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2012
- NICHOLSON, CHRISTOPHER A., PEOPLE vAppellate Division of the Supreme Court of the State of New York · 2014
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