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People v. Apple

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 576 (N.Y. App. Div. 1995)

Opinion

April 3, 1995

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


Ordered that the judgment is affirmed.

The issue of the legal sufficiency of the evidence was not preserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, 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 (see, People v Bonaparte, 114 A.D.2d 964). Moreover, 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). 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). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

The sentence imposed was 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. Balletta, J.P., Rosenblatt, Ritter and Altman, JJ., concur.


Summaries of

People v. Apple

Appellate Division of the Supreme Court of New York, Second Department
Apr 3, 1995
214 A.D.2d 576 (N.Y. App. Div. 1995)
Case details for

People v. Apple

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL APPLE…

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

Date published: Apr 3, 1995

Citations

214 A.D.2d 576 (N.Y. App. Div. 1995)
625 N.Y.S.2d 920

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