People v. Aliotta

Appellate Division of the Supreme Court of New York

People v. Aliotta

176 A.D.2d 1198, 577 N.Y.S.2d 191, 1991 N.Y. App. Div. LEXIS 13854

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

DecidedOctober 4, 1991

StatusPublished

Cited by2 cases

This text of 176 A.D.2d 1198 (People v. Aliotta) 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

People v. Aliotta, 176 A.D.2d 1198, 577 N.Y.S.2d 191, 1991 N.Y. App. Div. LEXIS 13854 (N.Y. Ct. App. 1991).

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Opinion

— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the verdict was against the weight of the evidence. In this bench trial, four prosecution witnesses unequivocally identified defendant as the seller of the cocaine at issue, and the court in its verdict concluded that defendant’s alibi proof was not credible. We see no reason to disturb the court’s evaluation of credibility (see generally, People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932; People v Christian, 139 AD2d 896, lv denied 71 NY2d 1024). (Appeal from Judgment [1199]*1199of Erie County Court, McCarthy, J. — Criminal Sale Controlled Substance, 2nd Degree.) Present — Callahan, A. P. J., Denman, Pine, Balio and Lawton, JJ.

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— Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the verdict was against the weight of the evidence. In this bench trial, four prosecution witnesses unequivocally identified defendant as the seller of the cocaine at issue, and the court in its verdict concluded that defendant’s alibi proof was not credible. We see no reason to disturb the court’s evaluation of credibility (see generally, People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932; People v Christian, 139 AD2d 896, lv denied 71 NY2d 1024). (Appeal from Judgment [1199]*1199of Erie County Court, McCarthy, J. — Criminal Sale Controlled Substance, 2nd Degree.) Present — Callahan, A. P. J., Denman, Pine, Balio and Lawton, JJ.

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Bluebook (online)

176 A.D.2d 1198, 577 N.Y.S.2d 191, 1991 N.Y. App. Div. LEXIS 13854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aliotta-nyappdiv-1991.

Opinion

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