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People v. Grainger

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 585 (N.Y. App. Div. 1995)

Opinion

May 15, 1995

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


Ordered that the judgment is affirmed.

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. Moreover, resolution of issues of credibility, including those involving eyewitness identification testimony, 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). Finally, viewing the totality of the circumstances, the defense counsel provided meaningful representation (see, People v Ellis, 81 N.Y.2d 854; People v Baldi, 54 N.Y.2d 137; People v Droz, 39 N.Y.2d 457). Rosenblatt, J.P., Ritter, Santucci and Krausman, JJ., concur.


Summaries of

People v. Grainger

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 585 (N.Y. App. Div. 1995)
Case details for

People v. Grainger

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WINSTON GRAINGER…

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

Date published: May 15, 1995

Citations

215 A.D.2d 585 (N.Y. App. Div. 1995)
627 N.Y.S.2d 950

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