People v. Jackson
| Decision Date | 10 March 1989 |
| Citation | 148 A.D.2d 930,539 N.Y.S.2d 168 |
| Parties | PEOPLE of the State of New York, Respondent, v. Wayne JACKSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Helen Zimmermann by Laurie Styka Bloom, Buffalo, for appellant.
Kevin M. Dillon by Rosanne Johnson, Buffalo, for respondent.
Before CALLAHAN, J.P., and DOERR, DENMAN, BALIO and LAWTON, JJ.
Viewing the evidence, as we must, in the light most favorable to the People (People v. Giuliano, 65 N.Y.2d 766, 492 N.Y.S.2d 939, 482 N.E.2d 557), we conclude that the evidence was sufficient to support the jury's determination that the victim was under the age of 17 at the time the alleged act of sexual intercourse took place. The victim testified that she was 14 years old at the time of the incident and 16 years old at the time of trial. Although her testimony contained some contradictions, it was not so incredible as to be unworthy of belief as a matter of law (cf., People v. Jackson, 65 N.Y.2d 265, 270, 491 N.Y.S.2d 138, 480 N.E.2d 727; People v. Foster, 64 N.Y.2d 1144, 1147, 490 N.Y.S.2d 726, 480 N.E.2d 340, cert. denied 474 U.S. 857, 106 S.Ct. 166, 88 L.Ed.2d 137; People v. Reed, 40 N.Y.2d 204, 208-209, 386 N.Y.S.2d 371, 352 N.E.2d 558; People v. Christian, 139 A.D.2d 896, 527 N.Y.S.2d 1020, lv. denied 71 N.Y.2d 1024, 530 N.Y.S.2d 559, 526 N.E.2d 51). The discrepancies concerning the victim's age, in her testimony and in the documentary evidence, presented a question of fact, and the jury was instructed that it was their responsibility to resolve this factual issue. Moreover, the jury had the opportunity at trial to observe the victim and determine from her physical appearance at the trial whether she was 16 years old, as she claimed, or 18 years old, as claimed by defendant. There is no basis in the record to disturb their determination of this issue.
Judgment unanimously affirmed.
To continue reading
Request your trial
-
People v. Parnell
...the victim's testimony “contained some contradictions, it was not so incredible as to be unworthy of belief” ( People v. Jackson, 148 A.D.2d 930, 539 N.Y.S.2d 168 [1989] ), and the jury had the opportunity to observe the victim and to determine, in part, from his physical appearance whether......
-
People v. Patterson
...and determine from his physical appearance at trial whether he was over the age of 21, as claimed by the victim (see People v. Jackson, 148 A.D.2d 930, 539 N.Y.S.2d 168. There is no merit to defendant's remaining claim that the victim's testimony about her complaints to the police and casew......
-
People v. Blodgett
...to People v. Patterson, 149 A.D.2d 966, 540 N.Y.S.2d 626, lv. denied 74 N.Y.2d 745, 545 N.Y.S.2d 119, 543 N.E.2d 762, People v. Jackson, 148 A.D.2d 930, 539 N.Y.S.2d 168, lv. denied 74 N.Y.2d 665, 543 N.Y.S.2d 408, 541 N.E.2d 437 and People v. Saddlemire, 121 A.D.2d 791, 793, 504 N.Y.S.2d 2......
-
People v. Perryman
...People v. Patterson, 149 A.D.2d 966, 540 N.Y.S.2d 626, lv. denied 74 N.Y.2d 745, 545 N.Y.S.2d 119, 543 N.E.2d 762; People v. Jackson, 148 A.D.2d 930, 539 N.Y.S.2d 168, lv. denied 74 N.Y.2d 665, 543 N.Y.S.2d 408, 541 N.E.2d 437). Here, the victim testified that she was 14 years old when the ......