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People v. Wallason

Appellate Division of the Supreme Court of New York, Second Department
May 9, 1994
204 A.D.2d 498 (N.Y. App. Div. 1994)

Opinion

May 9, 1994

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


Ordered that the judgment is affirmed.

The defendant's contentions that the evidence is legally insufficient to support his convictions and that the verdict was against the weight of the evidence are without merit. 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. In addition, 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 witnesess (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).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Balletta, J.P., Miller, Hart and Krausman, JJ., concur.


Summaries of

People v. Wallason

Appellate Division of the Supreme Court of New York, Second Department
May 9, 1994
204 A.D.2d 498 (N.Y. App. Div. 1994)
Case details for

People v. Wallason

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN WALLASON…

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

Date published: May 9, 1994

Citations

204 A.D.2d 498 (N.Y. App. Div. 1994)
614 N.Y.S.2d 175