Legal Opinion

People v. Christian

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

Decided April 8, 1988No. Appeal No. 1PublishedCited by 1 opinion

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

  1. People v. ShedrickNew York Court of Appeals · 1985
  2. People v. StromanAppellate Division of the Supreme Court of the State of New York · 1981
  3. People v. ShedrickAppellate Division of the Supreme Court of the State of New York · 1984

3Cited by1 opinion

  1. People v. ChristianAppellate Division of the Supreme Court of the State of New York · 1988

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