PEOPLE v. VAN AKIN


197 A.D.2d 845 (1993)

602 N.Y.S.2d 450

The People of the State of New York, Respondent, v. Thomas L. Van Akin, Appellant

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

October 1, 1993


Judgment unanimously reversed on the facts and indictment dismissed.

Memorandum:

Defendant argues that deficiencies and inconsistencies in the People's proof, along with the exculpatory evidence presented by defense witnesses, compel reversal of his conviction. We agree.

In a bench trial, no less than a jury trial, the resolution of credibility issues by the trier of fact and its determination of the weight to be accorded the evidence presented are...

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