PEOPLE v. BATISTA


172 A.D.2d 386 (1991)

The People of the State of New York, Respondent, v. Elpidio Batista, Appellant

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

April 23, 1991


There is no merit to defendant's claim that the jury verdict was against the weight of the evidence because of alleged inconsistencies in the undercover police officer's testimony. The alleged inconsistencies involved matters essentially collateral to the elements of the crime of which defendant was convicted, and they related to credibility alone. The determination of the jury, which heard argument on the alleged inconsistencies but credited the officer's testimony, should...

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