Legal Opinion

People v. Johnson

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

Decided October 5, 1990PublishedCited by 14 opinions

1Opinion of the Court

Judgment unanimously affirmed. Memorandum: Defendant contends that his conviction of rape in the first degree and sexual abuse in the first degree was against the weight of the evidence. We disagree. Although there was a sharp discrepancy between complainant’s and defendant’s testimony, credibility was a matter for the jury’s resolution (see, People v Jackson, 161 AD2d 1154). The jury’s determination must be accorded great weight and should not be disturbed unless clearly unsupported by the record (see, People v Faulk, 137 AD2d 830, 831). Upon our independent review of the conflicting…

2Cases cited4 opinions

  1. People v. BleakleyNew York Court of Appeals · 1987
  2. People v. RoopchandAppellate Division of the Supreme Court of the State of New York · 1985
  3. People v. FaulkAppellate Division of the Supreme Court of the State of New York · 1988
  4. People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1990

3Cited by14 opinions

  1. People v. MartinezAppellate Division of the Supreme Court of the State of New York · 2007
  2. United States v. ThrowerCourt of Appeals for the Second Circuit · 2019
  3. United States v. SteedCourt of Appeals for the First Circuit · 2018
  4. Moises Perez v. United StatesCourt of Appeals for the Sixth Circuit · 2018
  5. United States v. MoncrieffeDistrict Court, E.D. New York · 2016

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