From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 513 (N.Y. App. Div. 1995)

Opinion

May 8, 1995

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


Ordered that the judgment is affirmed.

The defendant's contention that the People failed to prove his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05), and, in any event, is without merit. 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. Further, resolution of issues of credibility of the witnesses, 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). 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 of guilt was not against the weight of the evidence (see, CPL 470.15).

Viewed in its totality, we find that the defendant received meaningful representation from his trial counsel (see, People v Baldi, 54 N.Y.2d 137).

We have examined the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Rosenblatt, O'Brien and Hart, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 513 (N.Y. App. Div. 1995)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEROY SMITH, Appellant

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

Date published: May 8, 1995

Citations

215 A.D.2d 513 (N.Y. App. Div. 1995)
627 N.Y.S.2d 573