PEOPLE v. BANKS


101 A.D.2d 928 (1984)

The People of the State of New York, Respondent, v. Joseph Banks, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

May 17, 1984


¶ Defendant was indicted and convicted after a jury trial of first degree rape. On appeal, defendant asserts that the jury verdict was against the weight of the evidence. We disagree. ¶ Since it is assumed that the jury credited the People's proof, we view the evidence in the light most favorable to the People (People v Kennedy, 47 N.Y.2d 196, 203). The issue at trial was essentially one of credibility. Complainant testified...

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