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People v. Epps

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1991
176 A.D.2d 344 (N.Y. App. Div. 1991)

Opinion

September 30, 1991

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


Ordered that the judgment is affirmed.

The defendant contends that the evidence adduced by the prosecution was legally insufficient to establish her guilt beyond a reasonable doubt. 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 support the verdict. Moreover, 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 defendant argues that the testimony of the complaining witness was not credible. However, 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).

We have reviewed the remaining contentions raised by the defendant in her supplemental pro se brief and find them to be either unpreserved for appellate review or without merit. Mangano, P.J., Kunzeman, Miller and Copertino, JJ., concur.


Summaries of

People v. Epps

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1991
176 A.D.2d 344 (N.Y. App. Div. 1991)
Case details for

People v. Epps

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SANDRA EPPS, Appellant

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

Date published: Sep 30, 1991

Citations

176 A.D.2d 344 (N.Y. App. Div. 1991)