PEOPLE v. WESTBROOKS

KA 10-00232.

90 A.D.3d 1536 (2011)

935 N.Y.S.2d 241

2011 NY Slip Op 9428

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

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

Decided December 23, 2011.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of rape in the first degree (Penal Law § 130.35 [1]), defendant contends that the verdict is against the weight of the evidence. We reject that contention. This case turned largely upon the credibility of the victim, and it is well settled that "[r]esolution of issues of credibility, as well as the weight...

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