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PEOPLE v. CHRISTIAN

139 A.D.2d 896 (1988)

The People of the State of New York, Respondent, v. Timothy Christian, Appellant. (Appeal No. 1.)

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

April 8, 1988

Judgment unanimously affirmed.

Memorandum:

Defendant's primary contention on appeal is that the testimony of the complaining witness was incredible as a matter of law. Testimony will be rejected as incredible as a matter of law when it is "`impossible of belief because it is manifestly untrue, physically impossible, contrary to experience, or self-contradictory' (People v Stroman, 83 A.D.2d 370, 373). Credibility...

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