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People v. Alvarez

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 609 (N.Y. App. Div. 1991)

Opinion

February 19, 1991

Appeal from the Supreme Court, Queens County (Finnegan, J.).


Ordered that the judgment is affirmed.

The defendant contends that, given the limited opportunity the People's main witness had to view the perpetrator, that witness's identification of him is not worthy of belief. 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, 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 (CPL 470.15).

The defendant's contention that the prosecutor's summation deprived him of a fair trial is without merit, as all but one comment that the defendant complains of were not inappropriate, and the remaining comment was simply not so egregious as to have deprived him of a fair trial.

The sentence imposed is not unduly harsh or excessive (see, People v Suitte, 90 A.D.2d 80). Brown, J.P., Eiber, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Alvarez

Appellate Division of the Supreme Court of New York, Second Department
Feb 19, 1991
170 A.D.2d 609 (N.Y. App. Div. 1991)
Case details for

People v. Alvarez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS ALVAREZ…

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

Date published: Feb 19, 1991

Citations

170 A.D.2d 609 (N.Y. App. Div. 1991)