Legal Question in Criminal Law in New York

If someone has a witness saying i hit someone but i have a witness saying i didn't and theres no videotape. Whats the outcome

Asked on 5/02/12, 1:48 pm

1 Answer from Attorneys

Emile Barton Law Offices of Emile J. Barton

There is no definitive answer to your question, as the statement of a witness versus the statement of another presents a question of fact for a judge in the event of a bench trial or for the jury if by jury trial. Each witness would be examined and then cross-examined in court, with the credibility of each to be weighed and determined by the trier of fact (judge or jurors). Basically, the outcome hinges on which witness is found to be most credible.

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Answered on 5/09/12, 1:59 pm

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