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People v. Pender

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 533 (N.Y. App. Div. 1995)

Opinion

December 11, 1995

Appeal from the Supreme Court, Kings County (Beldock, J.).


Ordered that the judgment is affirmed.

The defendant contends that the People's witnesses should not have been believed by the jury because testifying against the defendant was in their own best interest. However, 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 review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80, 83). Miller, J.P., O'Brien, Pizzuto and Krausman, JJ., concur.


Summaries of

People v. Pender

Appellate Division of the Supreme Court of New York, Second Department
Dec 11, 1995
222 A.D.2d 533 (N.Y. App. Div. 1995)
Case details for

People v. Pender

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CLIFFORD PENDER…

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

Date published: Dec 11, 1995

Citations

222 A.D.2d 533 (N.Y. App. Div. 1995)
635 N.Y.S.2d 535