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People v. Allen

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1995
222 A.D.2d 685 (N.Y. App. Div. 1995)

Opinion

December 29, 1995

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


Ordered that the judgment is affirmed.

Viewing the evidence in a 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. 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 trier of fact, which saw and heard the witnesses (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 of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant was not denied the effective assistance of counsel (see, People v Baldi, 54 N.Y.2d 137).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Thompson, Altman and Friedmann, JJ., concur.


Summaries of

People v. Allen

Appellate Division of the Supreme Court of New York, Second Department
Dec 29, 1995
222 A.D.2d 685 (N.Y. App. Div. 1995)
Case details for

People v. Allen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD ALLEN, Appellant

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

Date published: Dec 29, 1995

Citations

222 A.D.2d 685 (N.Y. App. Div. 1995)
636 N.Y.S.2d 653