From Casetext: Smarter Legal Research

People v. Sagginario

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 636 (N.Y. App. Div. 1988)

Opinion

February 8, 1988

Appeal from the Supreme Court, Suffolk County (McInerney, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People, we find that it is legally sufficient to support the defendant's conviction of the crimes charged (see, People v Contes, 60 N.Y.2d 620). Moreover, 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). Matters of credibility and reliability of the witnesses' testimony are primarily for the jury to decide and on this record the jury's determination should not be disturbed (see, People v McCrimmon, 131 A.D.2d 598, lv dismissed 70 N.Y.2d 714).

We further find that there was sufficient independent evidence to corroborate the accomplice testimony (see, People v Harris, 126 A.D.2d 745, lv denied 69 N.Y.2d 1004).

Although certain of the prosecutor's comments were improper, the defendant was not denied a fair trial.

The defendant's claim that the closure of the courtroom during the charge deprived him of his right to a public trial has not been preserved for appellate review. In any event, as this court has recently held, such a claim is without merit (see, People v Zenger, 134 A.D.2d 640).

We have considered the defendant's remaining contentions and find that they are unpreserved for appellate review or without merit. Mangano, J.P., Thompson, Bracken and Spatt, JJ., concur.


Summaries of

People v. Sagginario

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 636 (N.Y. App. Div. 1988)
Case details for

People v. Sagginario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SAGGINARIO…

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

Date published: Feb 8, 1988

Citations

137 A.D.2d 636 (N.Y. App. Div. 1988)

Citing Cases

People v. Gonzalez

The defendant failed to demonstrate "any compelling reason" for the court to alter the prescribed order of a…