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People v. Atkins

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1997
241 A.D.2d 459 (N.Y. App. Div. 1997)

Opinion

July 7, 1997

Appeal from the Supreme Court, Suffolk County (Mullen, J.).


Ordered that the judgment is affirmed.

The defendant's primary contention that the trial court erred in allowing the complainant to give sworn testimony is without merit ( see, People v. Nisoff, 36 N.Y.2d 560). The defendant's further argument that there were discrepancies in the complainant's testimony is insufficient to support his claim that the verdict was against the weight of the evidence. Resolutions 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 who saw and heard the witnesses ( see, People v. Gaimari, 176 N.Y. 84; People v. Scott, 168 A.D.2d 523). 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).

The defendant's remaining contentions are without merit.

Miller, J. P., Copertino, Sullivan and Altman, JJ., concur.


Summaries of

People v. Atkins

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1997
241 A.D.2d 459 (N.Y. App. Div. 1997)
Case details for

People v. Atkins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUNIUS T. ATKINS…

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

Date published: Jul 7, 1997

Citations

241 A.D.2d 459 (N.Y. App. Div. 1997)
663 N.Y.S.2d 974

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