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People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 594 (N.Y. App. Div. 1995)

Opinion

April 3, 1995

Appeal from the County Court, Westchester County (Carey, J.).


Ordered that the judgment is affirmed.

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. The minor discrepancies in the testimony of the police witnesses on the question of which of the two arresting officers was the driver of the radio car did not render the entire testimony incredible as a matter of law (see, People v Grajales, 187 A.D.2d 631, 632; People v Kelly, 183 A.D.2d 784).

The defendant further contends that the verdict was against the weight of the evidence. 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, 95). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garofolo, 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). Bracken, J.P., Thompson, Hart and Goldstein, JJ., concur.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 594 (N.Y. App. Div. 1995)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OSCAR WALKER, Appellant

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

Date published: Apr 3, 1995

Citations

214 A.D.2d 594 (N.Y. App. Div. 1995)
625 N.Y.S.2d 62

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