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People v. Burns

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1998
253 A.D.2d 468 (N.Y. App. Div. 1998)

Opinion

August 10, 1998

Appeal from the Supreme Court, Queens County (Spires, 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 that the complainant correctly identified the defendant as the person who knowingly entered or remained unlawfully in her home (see, People v. Cabey, 85 N.Y.2d 417). 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 jury, 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 of guilt was not against the weight of the evidence ( see, CPL 470.15; People v. Bleakley, 69 N.Y.2d 490, 495).

The defendant's remaining contentions are unpreserved for appellate review, without merit, or do not require reversal.

Friedmann, J. P., Goldstein, Florio and Luciano, JJ., concur.


Summaries of

People v. Burns

Appellate Division of the Supreme Court of New York, Second Department
Aug 10, 1998
253 A.D.2d 468 (N.Y. App. Div. 1998)
Case details for

People v. Burns

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO BURNS…

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

Date published: Aug 10, 1998

Citations

253 A.D.2d 468 (N.Y. App. Div. 1998)
675 N.Y.S.2d 904