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People v. Mercado

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1989
150 A.D.2d 392 (N.Y. App. Div. 1989)

Opinion

May 1, 1989

Appeal from the County Court, Suffolk County (Mazzei, 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. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact, who 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 (CPL 470.15).

Finally, we find no basis in the record to disturb the sentence imposed (see, People v Suitte, 90 A.D.2d 80). Brown, J.P., Lawrence, Eiber and Sullivan, JJ., concur.


Summaries of

People v. Mercado

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1989
150 A.D.2d 392 (N.Y. App. Div. 1989)
Case details for

People v. Mercado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK W. MERCADO…

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

Date published: May 1, 1989

Citations

150 A.D.2d 392 (N.Y. App. Div. 1989)