People v. Livingston
| Decision Date | 01 June 1992 |
| Citation | 584 N.Y.S.2d 175,184 A.D.2d 529 |
| Parties | The PEOPLE, etc., Respondent, v. Derek LIVINGSTON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Addabbo & Greenberg, Kew Gardens (Spiros A. Tsimbinos, of counsel), for appellant.
Carl A. Vergari, Dist. Atty., White Plains (Paul D. Stein and Maryanne Luciano, of counsel), for respondent.
Before LAWRENCE, J.P., and EIBER, O'BRIEN and COPERTINO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered September 28, 1990, convicting him of robbery in the second degree, grand larceny in the fourth degree (five counts), assault in the second degree, and assault in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5]. The testimony of a single eyewitness can be sufficient to support a judgment of conviction (see, People v. Arroyo, 54 N.Y.2d 567, 446 N.Y.S.2d 910, 431 N.E.2d 271, cert. denied 456 U.S. 979, 102 S.Ct. 2248, 72 L.Ed.2d 855; People v. Hooper, 112 A.D.2d 317, 491 N.Y.S.2d 766). Issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the finder of fact, who saw and heard the witnesses ( see, People v. Gaimari, 176 N.Y. 84, 68 N.E. 112). Here, the Trial Justice, sitting without a jury, was entitled to give great weight to the testimony of the complaining witness and to reject the testimony of the defendant's alibi witnesses.
The defendant's conclusory allegation that he was unfairly prejudiced because the Trial Justice, at trial, admitted testimony elicited at a Wade hearing at the trial and made that testimony part of the trial record is without merit. We note that the defendant consented to this procedure. In any event, "[a] Judge 'by reasons of * * * learning, experience and judicial discipline, is uniquely capable of distinguishing the issues and of making an objective determination' based upon appropriate legal criteria, despite awareness of facts which cannot properly be...
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State v. Kerry K., 2015–08387
...that a trial justice, sitting as the finder of fact, considers only competent evidence in reaching a verdict (see People v. Livingston, 184 A.D.2d 529, 584 N.Y.S.2d 175 ) does not logically extend to this case, where the trial justice erroneously allowed inadmissible evidence over proper ob......
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People v. Pabon
...only on admissible evidence (see e.g. People v. Cobb, 294 A.D.2d 199, 200, 743 N.Y.S.2d 77 [1st Dept.2002] ; People v. Livingston, 184 A.D.2d 529, 584 N.Y.S.2d 175 [2d Dept.1992] ; People v. Maxam, 161 A.D.2d 961, 557 N.Y.S.2d 534 [3d Dept.1990] ; People v. Lomaglio, 124 A.D.3d 1414, 1 N.Y.......
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People v. Pabon
...only on admissible evidence (see e.g. People v. Cobb, 294 A.D.2d 199, 200, 743 N.Y.S.2d 77 [1st Dept.2002] ; People v. Livingston, 184 A.D.2d 529, 584 N.Y.S.2d 175 [2d Dept.1992] ; People v. Maxam, 161 A.D.2d 961, 557 N.Y.S.2d 534 [3d Dept.1990] ; People v. Lomaglio, 124 A.D.3d 1414, 1 N.Y.......
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People v. Yousef
...that defendant voluntarily, knowingly and intelligently waived his right to a trial by jury (see, CPL 320.10[2]; People v. Livingston, 184 A.D.2d 529, 530, 584 N.Y.S.2d 175). The court informed defendant of the nature and consequences of waiving his right to a jury trial, and defendant, who......