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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 699 (N.Y. App. Div. 1996)

Opinion

June 24, 1996

Appeal from the Supreme Court, Queens County (Blumenfeld, 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.

The defendant's claim that the testimony of the People's witnesses is unreliable raises issues of credibility. Resolution of issues of credibility, as well as the weight to be 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). The jury's 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).

The sentence imposed was not excessive ( see, People v Delgado, 80 N.Y.2d 780; People v. Young, 157 A.D.2d 812; People v Suitte, 90 A.D.2d 80). Rosenblatt, J.P., Ritter, Copertino and Joy, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 699 (N.Y. App. Div. 1996)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY JOHNSON, Also…

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

Date published: Jun 24, 1996

Citations

228 A.D.2d 699 (N.Y. App. Div. 1996)
644 N.Y.S.2d 973