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In re Carlyle K.

225 A.D.2d 366, 639 N.Y.2d 27, 639 N.Y.S.2d 27, 1996 N.Y. App. Div. LEXIS 2115
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 12, 1996
StatusPublished

This text of 225 A.D.2d 366 (In re Carlyle K.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Carlyle K., 225 A.D.2d 366, 639 N.Y.2d 27, 639 N.Y.S.2d 27, 1996 N.Y. App. Div. LEXIS 2115 (N.Y. Ct. App. 1996).

Opinion

The finding was based on legally sufficient evidence and was [367]*367not against the weight of the evidence (People v Bleakley, 69 NY2d 490). The victim had ample time to view appellant and the accomplice as they walked towards him in broad daylight, enabling him to remember appellant, especially since appellant was the one who first demanded his bag, pulled him to a nearby building and then placed a gun about 20 inches from his face. Any minor discrepancy regarding the time that the incident occurred "merely presented an issue of fact for the court to assess in determining [his] credibility” (Matter of Mikal M., 191 AD2d 381, 382). Concur — Wallach, J. P., Ross, Nardelli, Williams and Mazzarelli, JJ.

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Related

People v. Bleakley
508 N.E.2d 672 (New York Court of Appeals, 1987)
In re Mikal M.
191 A.D.2d 381 (Appellate Division of the Supreme Court of New York, 1993)

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Bluebook (online)
225 A.D.2d 366, 639 N.Y.2d 27, 639 N.Y.S.2d 27, 1996 N.Y. App. Div. LEXIS 2115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-carlyle-k-nyappdiv-1996.