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People v. Matthews

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 2002
291 A.D.2d 572 (N.Y. App. Div. 2002)

Opinion

2000-06884

Submitted January 22, 2002.

February 25, 2002.

Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered July 11, 2000, convicting him of criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Amy L. Colvin, Halesite, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Bruce E. Whitney and Steven R. Bernhard of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., FRED T. SANTUCCI, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.


ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of criminal possession of stolen property in the third degree is unpreserved for appellate review (see, People v. Thomas, 266 A.D.2d 571; People v. James, 265 A.D.2d 427). In any event, 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, 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). 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 power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are without merit.

PRUDENTI, P.J., SANTUCCI, LUCIANO and SCHMIDT, JJ., concur.


Summaries of

People v. Matthews

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 2002
291 A.D.2d 572 (N.Y. App. Div. 2002)
Case details for

People v. Matthews

Case Details

Full title:THE PEOPLE, ETC., respondent, v. AUDIE MATTHEWS, appellant

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

Date published: Feb 25, 2002

Citations

291 A.D.2d 572 (N.Y. App. Div. 2002)
737 N.Y.S.2d 876