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People v. Biro

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1990
162 A.D.2d 539 (N.Y. App. Div. 1990)

Opinion

June 11, 1990

Appeal from the County Court, Westchester County (Herold, 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, 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 trier of fact, which saw and heard the 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). Kunzeman, J.P., Harwood, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Biro

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 1990
162 A.D.2d 539 (N.Y. App. Div. 1990)
Case details for

People v. Biro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREA SUE BIRO, Also…

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

Date published: Jun 11, 1990

Citations

162 A.D.2d 539 (N.Y. App. Div. 1990)