Legal Opinion

People v. Mateo

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

Decided December 27, 2012Published

1Opinion of the CourtRose, J.

Although defendant contends that the verdict was against the weight of the evidence because Levinson and Stein were unworthy of belief, the inconsistencies in their description of the events were fully explored at trial and do not render their testimony incredible as a matter of law (see People v Kruppenbacher, 81 AD3d 1169, 1174 [2011], lv denied 17 NY3d 797 [2011]; People v Richards, 78 AD3d 1221, 1224 [2010], lv denied 15 NY3d 955 [2010]). Further, while the jury apparently credited defendant’s testimony that he did not intend to burglarize or rob the residence and did not know that…

2Cases cited17 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. FisherNew York Court of Appeals · 2012
  3. People v. LaBargeNew York Court of Appeals · 2011
  4. People v. TerryAppellate Division of the Supreme Court of the State of New York · 2011
  5. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2010

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