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People v. Cisneros

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 461 (N.Y. App. Div. 1997)

Opinion

December 15, 1997

Appeal from the County Court, Nassau County (DeRiggi, J.).


Ordered that the judgment is affirmed.

The defendant's claims regarding the legal sufficiency of the evidence are unpreserved for appellate review ( see, CPL 470.05; People v. Salas, 192 A.D.2d 627). In any event, viewing the evidence in a 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 are questions to be determined by the jury, which saw and heard the witnesses ( see, People v. Caban, 120 A.D.2d 603). Its determination is accorded great weight on appeal and will 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).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit ( see, People v. Banks, 85 N.Y.2d 558).

Rosenblatt, J. P., Altman, Florio and McGinity, JJ., concur.


Summaries of

People v. Cisneros

Appellate Division of the Supreme Court of New York, Second Department
Dec 15, 1997
245 A.D.2d 461 (N.Y. App. Div. 1997)
Case details for

People v. Cisneros

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CISNEROS, Also…

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

Date published: Dec 15, 1997

Citations

245 A.D.2d 461 (N.Y. App. Div. 1997)
666 N.Y.S.2d 463