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People v. O'Keefe

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 647 (N.Y. App. Div. 2000)

Opinion

Argued September 12, 2000.

October 16, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Leavitt, J.), rendered March 11, 1999, convicting him of sexual abuse in the first degree (nine counts) and endangering the welfare of a child (three counts), after a nonjury trial, and imposing sentence.

Robert Rosenthal, New York, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Mary E. Costello, Richard E. Weill, and Laurie Sapakoff of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., ANITA R. FLORIO, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), 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 trier of fact, 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 was not against the weight of the evidence (see, CPL 470.15).

The time frames for the crimes charged in the indictment, the longest of which was three months, were not excessive (see, People v. Watt, 81 N.Y.2d 772; People v. Morris, 61 N.Y.2d 290; People v. Goulbourne, 199 A.D.2d 533).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).


Summaries of

People v. O'Keefe

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 647 (N.Y. App. Div. 2000)
Case details for

People v. O'Keefe

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. MARTIN O'KEEFE, APPELLANT. (IND. NO…

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 647 (N.Y. App. Div. 2000)
714 N.Y.S.2d 514

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