Appellate Division of the Supreme Court of New York, 1987

People v. Patrice

People v. Patrice
Appellate Division of the Supreme Court of New York · Decided April 13, 1987
129 A.D.2d 654; 514 N.Y.S.2d 269; 1987 N.Y. App. Div. LEXIS 45337
People v. Patrice

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered June 20, 1984, convicting her of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

*655Upon the exercise of our factual review power we are satisfied that the evidence was of sufficient quantity and quality to establish the defendant’s guilt beyond a reasonable doubt. The credibility of a witness is a matter to be determined primarily by the trier of fact (People v Bauer, 113 AD2d 543, appeal denied 67 NY2d 648, 67 NY2d 880) and the jury may choose to believe a witness even if his testimony contains inconsistencies (People v Cook, 99 AD2d 552). The People were not required to rebut evidence presented by the defendant which was contradictory to the People’s case (see, People v Roudabush, 123 AD2d 649). Bracken, J. P., Brown, Niehoff and Kooper, JJ., concur.

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