From Casetext: Smarter Legal Research

People v. Jennings

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1992
188 A.D.2d 552 (N.Y. App. Div. 1992)

Opinion

December 14, 1992

Appeal from the County Court, Orange County (Berry, J.).


Ordered that the judgment is affirmed.

The defendant was convicted of acting in concert with two codefendants in connection with an unlawful entry into the Orange County Trust Company Bank and the forcible stealing of property from the victim. Viewing the evidence adduced at the trial 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. The prosecution clearly established that the defendant had the requisite intent to commit a crime when he entered the bank building and fought with the victim, and that he did so with the aid of the codefendants. Furthermore, minor inconsistencies in the record are insufficient to render the testimony of the People's witnesses incredible as a matter of law (see, People v Mistretta, 147 A.D.2d 661). Issues of credibility, as well as the weight 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). 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). Lawrence, J.P., Miller, O'Brien and Pizzuto, JJ., concur.


Summaries of

People v. Jennings

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1992
188 A.D.2d 552 (N.Y. App. Div. 1992)
Case details for

People v. Jennings

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALAN P. JENNINGS…

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

Date published: Dec 14, 1992

Citations

188 A.D.2d 552 (N.Y. App. Div. 1992)
591 N.Y.S.2d 452

Citing Cases

People v. Terry

We would also find that the prosecutor's comments, which merely restated certain facts set forth during the…