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People v. Ford

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 1993
195 A.D.2d 521 (N.Y. App. Div. 1993)

Opinion

July 12, 1993

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


Ordered that the judgment is affirmed.

The defendant's contention that the evidence introduced at trial was legally insufficient is without merit. Viewing the evidence in the light most favorable to the People (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. The record establishes that the complainant was robbed at knife-point in an elevator car and was able to view the defendant repeatedly during the robbery for several minutes at close range under good lighting conditions. Although the defendant now contends, inter alia, that the complainant's identification contained discrepancies and was unworthy of belief, resolution of issues relating to credibility, as well as the weight to be accorded 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 it is clearly unsupported by the record (see, People v. Garafolo, 44 A.D.2d 86, 88). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

Further, we find that the defendant was not deprived of the effective assistance of counsel (see, People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137; People v. Vanterpool, 143 A.D.2d 282).

We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be unpreserved for appellate review or without merit. Thompson, J.P., Sullivan, Balletta and Lawrence, JJ., concur.


Summaries of

People v. Ford

Appellate Division of the Supreme Court of New York, Second Department
Jul 12, 1993
195 A.D.2d 521 (N.Y. App. Div. 1993)
Case details for

People v. Ford

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE FORD, Appellant

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

Date published: Jul 12, 1993

Citations

195 A.D.2d 521 (N.Y. App. Div. 1993)
600 N.Y.S.2d 275