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People v. Faison

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1986
120 A.D.2d 744 (N.Y. App. Div. 1986)

Opinion

May 27, 1986

Appeal from the Supreme Court, Kings County (Goldstein, J.).


Judgment affirmed.

Despite some inconsistencies in the complainant's account which may have been attributable to his poor command of the English language, his testimony that the defendant punched and robbed him, which was corroborated by the discovery of the complainant's property in the defendant's pocket, was sufficient evidence of guilt to support the jury's verdict. The resolution of conflicting testimony and the assessment of credibility are matters for the trier of fact (see, People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932).

The alleged improper bolstering of the complainant's identification through the arresting officer's testimony that he had a conversation with the complainant was not objected to, and any error of law with respect thereto was, therefore, not preserved for appellate review (CPL 470.05; see, People v Holt, 67 N.Y.2d 819). Review in the interest of justice is not warranted. Gibbons, J.P., Eiber, Kunzeman and Kooper, JJ., concur.


Summaries of

People v. Faison

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1986
120 A.D.2d 744 (N.Y. App. Div. 1986)
Case details for

People v. Faison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEWAYNE FAISON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 1986

Citations

120 A.D.2d 744 (N.Y. App. Div. 1986)

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