PEOPLE v. BARNES


15 A.D.3d 298 (2005)

790 N.Y.S.2d 440

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK BARNES, Appellant.

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

February 22, 2005.


The verdict was not against the weight of the evidence. Issues of credibility, including inconsistencies between the testimony provided by the victim and that of the other witnesses, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 N.Y. 84, 94 [1903]).

The court properly exercised its discretion in admitting the uncharged crimes evidence challenged by defendant on appeal since it went to...

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