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People v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 2006
26 A.D.3d 444 (N.Y. App. Div. 2006)

Opinion

2003-03311.

February 21, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), dated March 17, 2003, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara of counsel; Rebecca F. Davidson on the brief), for respondent.

Before: Prudenti, P.J., Adams, Spolzino and Covello, JJ., concur.


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 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 jury, which saw and heard the witnesses ( see People v. Gaimari, 176 NY 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 AD2d 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).


Summaries of

People v. Diaz

Appellate Division of the Supreme Court of New York, Second Department
Feb 21, 2006
26 A.D.3d 444 (N.Y. App. Div. 2006)
Case details for

People v. Diaz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE DIAZ, Appellant

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

Date published: Feb 21, 2006

Citations

26 A.D.3d 444 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 1310
808 N.Y.S.2d 911