People v. Christian
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Judgment unanimously affirmed. Memorandum: Defendant’s primary contention on appeal is that the testimony of the complaining witness was incredible as a matter of law. Testimony will be rejected as incredible as a matter of law when it is " 'impossible of belief because it is manifestly untrue, physically impossible, contrary to experience, or self-contradictory’ (People v Stroman, 83 AD2d 370, 373). Credibility is best determined by the trier of fact who has the advantage of observing the witnesses and, necessarily, is in a superior position to judge veracity than an appellate court, which…
2Cases cited3 opinions
- People v. ShedrickNew York Court of Appeals · 1985
- People v. StromanAppellate Division of the Supreme Court of the State of New York · 1981
- People v. ShedrickAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by1 opinion
- People v. ChristianAppellate Division of the Supreme Court of the State of New York · 1988