From Casetext: Smarter Legal Research

People v. Boone

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1997
238 A.D.2d 516 (N.Y. App. Div. 1997)

Opinion

April 21, 1997


Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered December 5, 1994, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

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.

The minor discrepancies in the complainant's description of the defendant's height and appearance did not render his testimony unworthy of belief (see, People v. Mundle, 236 A.D.2d 425; People v. Williams, 226 A.D.2d 752; People v. Tam Phan, 225 A.D.2d 715; People v. White, 192 A.D.2d 736). Resolution of issues of credibility, as well as the weight to be given the evidence presented, are primarily questions to be determined by the triers of fact, who saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84, 94). The jury's 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 of guilt was not against the weight of the evidence (CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. O'Brien, J.P., Altman, Friedmann and Krausman, JJ., concur.


Summaries of

People v. Boone

Appellate Division of the Supreme Court of New York, Second Department
Apr 21, 1997
238 A.D.2d 516 (N.Y. App. Div. 1997)
Case details for

People v. Boone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE BOONE, Appellant

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

Date published: Apr 21, 1997

Citations

238 A.D.2d 516 (N.Y. App. Div. 1997)
657 N.Y.S.2d 937