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People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1992
181 A.D.2d 791 (N.Y. App. Div. 1992)

Opinion

March 16, 1992

Appeal from the Supreme Court, Richmond County (Felig, J.).


Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial in a 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 Cobbs, 161 A.D.2d 723; People v Policano, 139 A.D.2d 773, 774). The defendant's claims that he presented a credible alibi defense and that the undercover police officer's identification was questionable merely raise issues of credibility (see, People v Marrero, 167 A.D.2d 559, 560). The determination of issues of credibility is primarily to be made 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 was not against the weight of the evidence (see, CPL 470.15; People v Policano, supra).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either without merit or unpreserved for appellate review (see, CPL 470.05), and we decline to exercise our interest of justice jurisdiction in order to reach the contentions which are unpreserved for appellate review. Balletta, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.


Summaries of

People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1992
181 A.D.2d 791 (N.Y. App. Div. 1992)
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELLY GREEN, Appellant

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

Date published: Mar 16, 1992

Citations

181 A.D.2d 791 (N.Y. App. Div. 1992)
581 N.Y.S.2d 825