People v. Rosa, 57 A.D.3d 1018 (N.Y. App. Div. 3d Dep't 2008). · Go Syfert
People v. Rosa, 57 A.D.3d 1018 (N.Y. App. Div. 3d Dep't 2008). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 1 distinct court.
Cited for
At page 1020 Evaluating evidence and credibility to affirm verdict11 citing cases“According deference to those credibility determinations and viewing the evidence in a neutral light, we find that the verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]; People v Judkins, 41 AD3d 1046, 1047-1048 [2007], lv denied 9 NY3d 962 [2007]; Pe…”the opinion's own words at *1020 · 10 listed here
  • People v. Perillo, 144 A.D.3d 1399 (N.Y. App. Div. 3d Dep't 2016).published 4 cites
    “Issues of credibility and the weight to accord testimony are matters to be resolved by the trier of fact, who is free to accept or reject any part of the testimony presented” (People v Rosa, 57 AD3d 1018, 1019 [2008], lv denied 12 NY3d 76…
  • People v. Arnold, 85 A.D.3d 1330 (N.Y. App. Div. 3d Dep't 2011).published
    Contrary to defendant’s contention, the victim’s testimony was not so inherently unbelievable as to be unworthy of belief, and the fact that she initially recanted her accusations presented questions of credibility for the jury to resolve…
  • People v. Califano, 84 A.D.3d 1504 (N.Y. App. Div. 3d Dep't 2011).published
    According deference to those credibility determinations and evaluating the evidence in a neutral light (see People v Vasquez, 71 AD3d 1179, 1180 [2010], lv denied 14 NY3d 894 [2010]; People v Rosa, 57 AD3d 1018, 1020 [2008], lv denied 12 N…
  • People v. Manning, 81 A.D.3d 1181 (N.Y. App. Div. 3d Dep't 2011).published
    People v Rosa, 57 AD3d 1018, 1020 [2008], Iv denied 12 NY3d 762 [2009]; People v Mann, 41 AD3d 977, 981 [2007], lv denied 9 NY3d 924 [2007]; People v Petrie, 3 AD3d 665, 666 [2004]).
  • People v. Cardenas, 79 A.D.3d 1258 (N.Y. App. Div. 3d Dep't 2010).published
    Viewing the evidence in a neutral light and according deference to the jury’s resolution of the “classic credibility issue” posed by the conflicting testimony (People v Allen, 13 AD3d 892, 894 [2004], Iv denied 4 NY3d 883 [2005]; see Peopl…
  • People v. Gregory, 78 A.D.3d 1246 (N.Y. App. Div. 3d Dep't 2010).published
    After weighing and considering the evidence in a neutral light and according deference to the jury’s credibility determinations, we also find that the jury’s verdict was not against the weight of the evidence (see People v Rosa, 57 AD3d 10…
  • People v. Vargas, 72 A.D.3d 1114 (N.Y. App. Div. 3d Dep't 2010).published
    Upon reviewing the evidence in a neutral light and according deference to County Court’s assessment of the witnesses’ credibility, we find that the verdict is amply supported by the weight of the credible evidence (see People v Vasquez, 71…
  • People v. Hampton, 64 A.D.3d 872 (N.Y. App. Div. 3d Dep't 2009).published
    Further, evaluating the evidence in a neutral light and according appropriate deference to the jury’s assessment of witness credibility, we find that the verdict is not against the weight of the evidence (see People v Romero, 7 NY3d 633, 6…
  • People v. Stewart, 60 A.D.3d 1111 (N.Y. App. Div. 3d Dep't 2009).published
    Viewing it in a neutral light and giving deference to the jury’s assessment of witness credibility, we cannot say that the jury failed to properly accord the evidence the proper weight (see People v Rosa, 57 AD3d 1018, 1020 [2008]; People…
  • People v. Dallas, 58 A.D.3d 1019 (N.Y. App. Div. 3d Dep't 2009).published
    While inconsistencies existed in the testimony given by the victim and Plumley, we are not convinced that these inconsistencies were so significant as to render their testimony incredible as a matter of law or that the resulting verdict wa…
At page 1019 Trier of fact's discretion regarding witness credibility5 citing cases4 listed here
  • People v. Perillo, 144 A.D.3d 1399 (N.Y. App. Div. 3d Dep't 2016).published 4 cites
    “Issues of credibility and the weight to accord testimony are matters to be resolved by the trier of fact, who is free to accept or reject any part of the testimony presented” (People v Rosa, 57 AD3d 1018, 1019 [2008], lv denied 12 NY3d 76…
  • People v. Lancaster, 143 A.D.3d 1046 (N.Y. App. Div. 3d Dep't 2016).published 2 cites
    “Issues of credibility and the weight to accord testimony are matters to be resolved by the trier of fact, who is free to accept or reject any part of the testimony presented” (People v Rosa, 57 AD3d 1018, 1019 [2008] [citations omitted],…
  • People v. Reynolds, 81 A.D.3d 1166 (N.Y. App. Div. 3d Dep't 2011).published
    Viewing the evidence in a neutral light, weighing the conflicting testimony and the relative strength of any conflicting inferences that may be drawn, and giving due deference to the jury’s credibility assessments, we conclude that the jur…
  • People v. Lopez-Aguilar, 64 A.D.3d 1037 (N.Y. App. Div. 3d Dep't 2009).published
    Although defendant offered different versions of what occurred, testifying that the sexual encounter was consensual, the conflicting testimony presented credibility issues for the jury to resolve (see People v Rosa, 57 AD3d 1018, 1019 [200…
At page 1018 “issues of credibility and the weight to accord testimony are matters to be resolved by the trier of fact, who is free to accept or reject any part of the testimony presented”0 citing cases3 citing courts quote it
    The People of the State of New York
    v.
    Victor Rosa
    Appellate Division of the Supreme Court of the State of New York.
    Dec 4, 2008.
    Published opinion
    57 A.D.3d 1018
    Cardona.
    Cited by 15 opinions  |  Published
    Cardona, P.J.

    Defendant was charged in a four-count indictment with two counts of course of sexual conduct against a child in the second degree, endangering the welfare of a child and criminal possession of a weapon in the third degree. The sexual misconduct charges stemmed from defendant’s alleged sexual conduct with the victim (born in 1991) between January 1, 1999 and June 30, 2002. Although defendant was initially sentenced to concurrent terms of five years in prison pursuant to his plea of guilty to one count of course of sexual conduct against a child in the second degree and criminal possession of a weapon in the third degree, on appeal this Court vacated that plea and remitted the matter (30 AD3d 905 [2006], lv denied 7 NY3d 851 [2006]).[1] Following a nonjury trial in Supreme Court, defendant was convicted of course of sexual conduct against a child in the second degree and endangering the "welfare of a child.[2] He was sentenced, as a second felony offender, to an aggregate prison term of seven years followed by three years of postrelease supervision.

    On this appeal, defendant contends that the verdict was against the weight of the evidence due to the victim’s alleged inconsistent and uncorroborated testimony. Issues of credibility and the weight to accord testimony are matters to be resolved by the trier of fact, who is free to accept or reject any part of the testimony presented (see People v Alteri, 49 AD3d 918, 920 [2008]; People v Kuykendall, 43 AD3d 493, 495 [2007], lv denied 9 NY3d 1007 [2007]). Here, the victim testified that on numerous occasions while defendant resided with the victim and her family, he would enter her bedroom late at night while her mother was at work, hold her hands above her head and forc[*1020]ibly engage in sexual intercourse. The victim, who did not report the alleged sexual abuse until a year after it had stopped, testified that defendant threatened to harm her mother and infant brother if she told anyone. The victim’s mother testified that while she worked the night shift defendant often supervised the victim, and the victim’s academic performance suffered inexplicably during that period. Although the sexual assault nurse examiner who examined the victim was unable to determine whether the observed genital injury was caused by sexual abuse, the nurse reported that her observations and findings of the examination were consistent with the victim’s claimed history of abuse.

    Contrary to defendant’s contention, we find nothing incredible about the victim’s testimony and find no basis to disturb the credibility assessment of Supreme Court, who was able to hear the victim’s testimony and observe her demeanor (see People v Nowinski, 36 AD3d 1082, 1084 [2007], lv denied 8 NY3d 989 [2007]). According deference to those credibility determinations and viewing the evidence in a neutral light, we find that the verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]; People v Judkins, 41 AD3d 1046, 1047-1048 [2007], lv denied 9 NY3d 962 [2007]; People v Johnson, 24 AD3d 967, 968 [2005], lv denied 6 NY3d 814 [2006]). Furthermore, we find no violation of defendant’s right to confrontation due to testimony from the victim’s mother— initially elicited on cross-examination — regarding the victim’s declining academic performance during the period in question.

    Finally, we are unpersuaded by defendant’s contention that the sentence imposed by Supreme Court following the nonjury trial was vindictive simply because that sentence was greater than the agreed-upon sentence imposed upon his initial guilty plea (see People v Miller, 65 NY2d 502, 509 [1985], cert denied 474 US 951 [1985]).

    Peters, Carpinello, Kavanagh and Stein, JJ., concur. Ordered that the judgment is affirmed.

    1

    Upon remittal, defendant again pleaded guilty to course of sexual conduct against a child in the second degree but he withdrew that plea when it was discovered that the agreed-upon sentence was unlawful.

    2

    The weapon possession charge and first count of course of sexual conduct against a child were dismissed.