PEOPLE v. HERNANDEZ


291 A.D.2d 263 (2002)

738 N.Y.S.2d 309

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL HERNANDEZ, Appellant.

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

Decided February 14, 2002.


The verdict was not against the weight of the evidence. On the contrary, we find the evidence to be overwhelming. Six witnesses independently inculpated defendant, and there was no evidence of collusion, or even an opportunity for collusion, among these witnesses. Issues of credibility—including the weight to be given to the backgrounds of the People's witnesses, to the fact that most were testifying under cooperation agreements, and to minor inconsistencies in their...

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