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People v. Travis

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1995
212 A.D.2d 817 (N.Y. App. Div. 1995)

Opinion

February 27, 1995

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 (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. 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 jury, which saw and heard the witnesses (People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless it is clearly unsupported by the record (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 is not excessive (see, People v. Suitte, 90 A.D.2d 80). The defendant's remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J.P., Santucci, Friedmann and Krausman, JJ., concur.


Summaries of

People v. Travis

Appellate Division of the Supreme Court of New York, Second Department
Feb 27, 1995
212 A.D.2d 817 (N.Y. App. Div. 1995)
Case details for

People v. Travis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN TRAVIS…

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

Date published: Feb 27, 1995

Citations

212 A.D.2d 817 (N.Y. App. Div. 1995)
624 N.Y.S.2d 850