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People v. Ballentine

105 A.D.2d 842 Court N.Y. App. Div. Decision date 1984-11-26 English

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p. 842
The People of the State of New York, Respondent, v Dudley Ballentine, Appellant.

Appeal by defendant from a judgment of the Supreme Court, Kings County (Goldman, J.), rendered March 11, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The credibility of the testimony of the witnesses was an issue for the trier of fact to determine (see, e.g., People v Joyiens, 39 NY2d 197 ; People v Cook, 99 AD2d 552 ) and viewing the evidence in the light most favorable to the prosecution, as we must (Jackson v Virginia, 443 US 307 , 319; People v Contes, 60 NY2d 620 , 621), a rational trier of fact could have found that the People proved beyond a reasonable doubt that defendant knowingly possessed a .38 caliber revolver. Boyers, J. P., Rubin, Lawrence and Eiber, JJ., concur.

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