AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES RUDOLPH GROSS, Appellant.

Judgment affirmed.

Defendant contends that the evidence of his guilt was insufficient, particularly in view of the unreliability of the prosecution's eyewitnesses. Viewing the evidence in the light most favorable to the prosecution, as we must, a rational trier of fact could have found, as did the jury at bar, that the People proved every essential element of the crimes ( see, People v Malizia, 62 N.Y.2d 755, 757, cert denied ___ US ___, 105 S Ct 327; People v. Contes, 60 N.Y.2d 620; People v. Piro, 106 A.D.2d 667). As we have noted, "[t]he resolution of questions relating to the credibility of witnesses is properly a function of the jury and * * * may not be overturned lightly on appeal" ( People v. Rodriguez, 72 A.D.2d 571; see also, People v. Bigelow, 106 A.D.2d 448).

We have considered defendant's remaining contentions and find them to be without merit. Lazer, J.P., Gibbons, O'Connor and Brown, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. GROSS
(Jun 17, 1985)