Hyperlawhypertext legal databasebeta People v. Thomas 53 N.Y.2d 983

← Cases

People v. Thomas

53 N.Y.2d 983 Court N.Y. Decision date 1981-06-04 English

Contents

Majority

p. 983
The People of the State of New York, Respondent, v George Thomas, Appellant.
Argued May 6, 1981;
decided June 4, 1981
APPEARANCES OF COUNSEL
Erica Horwitz and William E. Hellerstein for appellant.
Mario Merola, District Attorney (Howard Birnbach and Timothy J. McGinn of counsel), for respondent.
p. 984
OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

On this record, we cannot say that the evidence is insufficient as a matter of law to support defendant’s conviction of the crime of robbery in the first degree. This being so, our inquiry is at an end for we have no power to assess the credibility of the witnesses or the weight of the evidence. Such questions must be left to the trier of fact. (See, e.g., People v De Tore, 34 NY2d 199 , 206-207; see, generally, Cohen and Karger, Powers of the New York Court of Appeals, § 198, p 742.)

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.

Order affirmed in a memorandum.

Cases cited