Legal Opinion

People v. Smith

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

Decided February 5, 1996Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered May 10, 1993, convicting him of rape in the first degree, criminal possession of a weapon in the third degree, and attempted assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the complainant should not have been believed by the jury because she had imbibed alcohol prior to the rape. However, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are…

2Cases cited5 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. SaundersNew York Court of Appeals · 1984
  4. People v. CallendarAppellate Division of the Supreme Court of the State of New York · 1994
  5. People v. TaylorAppellate Division of the Supreme Court of the State of New York · 1991

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