People v. Rogers

Appellate Division of the Supreme Court of New York

People v. Rogers

290 A.D.2d 229, 735 N.Y.S.2d 760, 2002 N.Y. App. Div. LEXIS 181

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

DecidedJanuary 3, 2002

StatusPublished

This text of 290 A.D.2d 229 (People v. Rogers) 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. Rogers, 290 A.D.2d 229, 735 N.Y.S.2d 760, 2002 N.Y. App. Div. LEXIS 181 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered December 3, 1998, convicting defendant, after a nonjury trial, of two counts of attempted robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of three years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given the background of the victim and the minor inconsistencies in his testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations. We note that defendant’s trial testimony wholly contradicted his written statement to the police. Concur — Sullivan, J.P., Rosenberger, Lerner, Rubin and Buckley, JJ.

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Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered December 3, 1998, convicting defendant, after a nonjury trial, of two counts of attempted robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of three years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including the weight to be given the background of the victim and the minor inconsistencies in his testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations. We note that defendant’s trial testimony wholly contradicted his written statement to the police. Concur — Sullivan, J.P., Rosenberger, Lerner, Rubin and Buckley, JJ.

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Bluebook (online)

290 A.D.2d 229, 735 N.Y.S.2d 760, 2002 N.Y. App. Div. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rogers-nyappdiv-2002.