PEOPLE v. MALACHI


203 A.D.2d 8 (1994)

610 N.Y.S.2d 16

The People of the State of New York, Respondent, v. John Malachi, Appellant

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

April 5, 1994


The jury's finding that the defendant unlawfully entered the victim's room and robbed him at gunpoint is supported by the evidence. Credibility is an issue for the factfinder (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932 [1984]), and it was within the jury's province to credit the victim's testimony that defendant fired two shots in the course of the robbery.

We have considered defendant's arguments...

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