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eBook details

• Title: People v. Corey James
• Author : Supreme Court of New York
• Release Date : January 25, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

DECISION & ORDER Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d
620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Although there
were minor inconsistencies between the victim's description of his assailant and the defendant's actual appearance at the
time of his arrest, the resolution of issues of credibility as well as the weight to be accorded the evidence presented are
primarily questions to be determined by the jury which saw and heard the witnesses (see, People v Gaimari, 176 NY 84, 94).
Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the
record (see, People v Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the
verdict of guilt was not against the weight of the evidence (CPL 470.15[5]). The defendant's contention that the court's charge on identification was inadequate because it failed to provide the jury
with detailed instructions to assist them in evaluating the accuracy of the sole complaining witness's identification of the
defendant as one of the perpetrators of the crime (see, People v Daniels, 88 A.D.2d 392) is without merit. Although desirable,
a detailed charge on the issue of identification is not required as a matter of law (see, People v Whalen, 59 N.Y.2d 273,
279; People v Beasley, 114 A.D.2d 415, 416; People v Smith, 100 A.D.2d 857, 858). "A Judge who gives a general instruction
on weighing witnesses' credibility and who states that identification must be proven beyond a reasonable doubt has made an
accurate statement of the law" (People v Whalen, supra, at 279).

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