DATE: 20040209

DOCKET: C40627

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – CHRISTOPHER JOHN PUTKOWSKI (Appellant)

BEFORE:

WEILER, LASKIN and FELDMAN JJ.A.

COUNSEL:

Alexander H. Fiszauf

for the appellant

Melissa Ragsdale

for the respondent

HEARD & ENDORSED:

February 6, 2004

On appeal from the conviction entered by Justice Gethin B. Edward of the Ontario Court of Justice dated June 23, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] The appellant submits that the verdict is unreasonable. The appellant admitted his involvement in the robbery to a witness, Mr. Uhryn. Mr. Uhryn had a criminal record and argued that there was bad blood between himself and the appellant. However, the balance of the evidence served to confirm the appellant’s admission.

[2] The trial judge was in the best position to assess the reliability and credibility of the witnesses. In addition, the appellant called no evidence to contradict or give an explanation for his admission.

[3] The verdict was not unreasonable. The appeal as to conviction is dismissed.