PEOPLE v. RIVERA


11 A.D.3d 306 (2004)

782 N.Y.S.2d 450

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND RIVERA, Appellant.

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

October 14, 2004.


The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility (see People v Gaimari, 176 N.Y. 84, 94 [1903]). The victim was not too inebriated to perceive and recall what had happened to her, and her testimony was believable, whereas defendant's testimony was impeached.

Defendant did not preserve his challenges to the People's cross-examination of defendant concerning his probationary...

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