From Casetext: Smarter Legal Research

People v. Isaac

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1989
148 A.D.2d 470 (N.Y. App. Div. 1989)

Opinion

March 6, 1989

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


Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt. The defendant contends that because only one of the three police witnesses who testified at trial claimed to have actually seen the sales transaction this witness should not have been believed by the jury. However, resolution of issues of credibility as well as the weight to be accorded to the evidence are primarily questions to be determined by the jury which saw and heard the witnesses (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 (CPL 470.15).

We have examined the defendant's remaining contentions and find them to be unpreserved for appellate review as a matter of law, and, in any event, without merit. Brown, J.P., Eiber, Sullivan and Harwood, JJ., concur.


Summaries of

People v. Isaac

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1989
148 A.D.2d 470 (N.Y. App. Div. 1989)
Case details for

People v. Isaac

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROY ISAAC, Appellant

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

Date published: Mar 6, 1989

Citations

148 A.D.2d 470 (N.Y. App. Div. 1989)