Summary
explaining that "[t]he responsibility for resolving any questions relating to identification and the credibility of witnesses lies with the trier of fact"
Summary of this case from Schouenborg v. Superintendent, Auburn Corr. FacilityOpinion
May 5, 1986
Appeal from the Supreme Court, Kings County (Kreindler, J.).
Judgment affirmed.
The evidence presented at the trial established the defendant's guilt beyond a reasonable doubt. The responsibility for resolving any questions relating to identification and the credibility of witnesses lies with the trier of fact (see, People v Herriot, 110 A.D.2d 851). The evidence presented to the jury met the standard of proof for circumstantial evidence that it "`exclude to a moral certainty every other reasonable hypothesis'" but the defendant's guilt (People v Way, 59 N.Y.2d 361, 365, quoting from People v Bearden, 290 N.Y. 478, 480). Gibbons, J.P., Thompson, Niehoff and Rubin, JJ., concur.