The trier of fact believes the one it decides is the most credible.
The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.
It's a classic he said/he said so it will come down to credibility. If you have an attorney, take a meeting to go over these issues. If you don't, get one soon!
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
This is the very type of case when your trial counsel will make all the difference int he world. Choose wisely.
If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.
I handle these cases statewide, feel free to look at my Avvo profile and reviews. I offer a free consultation. I would look for witnesses surveillance video, and look at the criminal history of the witnesses.
John J. Carney Esq. 917 696 2363