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People v. Atilio

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1989
155 A.D.2d 604 (N.Y. App. Div. 1989)

Opinion

November 20, 1989

Appeal from the Supreme Court, Queens County (Giaccio, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.

Moreover, while there were minor inconsistencies in the testimony of the People's witnesses, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard those witnesses (see, People v Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

Finally, the comments of the prosecutor were a proper response to remarks made by the defense counsel in summation (see, People v Clark, 132 A.D.2d 704; People v Colon, 122 A.D.2d 151). Brown, J.P., Eiber, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Atilio

Appellate Division of the Supreme Court of New York, Second Department
Nov 20, 1989
155 A.D.2d 604 (N.Y. App. Div. 1989)
Case details for

People v. Atilio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGELO ATILIO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 20, 1989

Citations

155 A.D.2d 604 (N.Y. App. Div. 1989)
547 N.Y.S.2d 662

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