Legal Opinion

People v. Smith

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

Decided August 22, 1994Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Westchester County (Silverman, J.), rendered September 3, 199Í, convicting him of rape in the first degree and assault in the third degree, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence, in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily issues to…

2Cases cited10 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. ContesNew York Court of Appeals · 1983
  3. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  4. People v. . GaimariNew York Court of Appeals · 1903
  5. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974

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