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People v. Coleman

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 683 (N.Y. App. Div. 1995)

Opinion

May 22, 1995

Appeal from the Supreme Court, Kings County (R. Goldberg, J.).


Ordered that the judgment is affirmed.

The defendant Bobby Coleman was one of two men who took part in the robberies of three victims (see, People v Ayers, 215 A.D.2d 675 [decided herewith]).

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 (see, People v Lazarcheck, 176 A.D.2d 691). 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 (CPL 470.15).

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

We have considered the defendant's remaining contention and find it to be without merit. Bracken, J.P., Pizzuto, Santucci and Friedmann, JJ., concur.


Summaries of

People v. Coleman

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 683 (N.Y. App. Div. 1995)
Case details for

People v. Coleman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY COLEMAN…

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

Date published: May 22, 1995

Citations

215 A.D.2d 683 (N.Y. App. Div. 1995)
628 N.Y.S.2d 486

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People v. Ayers

Ordered that the judgment is affirmed. The defendant Howard Ayers was one of two men who took part in the…