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People v. Bell

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 593 (N.Y. App. Div. 1997)

Opinion

May 27, 1997

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


Ordered that the judgment is affirmed.

The jury properly found that the defendant, along with several accomplices, entered a bodega in Far Rockaway, Queens, armed with loaded and operable firearms and stole various items, including jewelry and cash. Issues of credibility of the witnesses and the weight to be accorded the evidence were all questions to be determined by the jury which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84). The jury's 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 was not against the weight of the evidence (see, CPL 470.15).

The court properly limited the defendant's cross-examination of the People's witnesses concerning an unrelated narcotics conviction arising from an incident at the same bodega which occurred approximately one month after the instant robbery. So too, with regard to the subsequent dismissal of the charges against the others arrested at the time of that incident. All of these areas of inquiry were not relevant to the issue of whether the defendant participated in this robbery (see, People v. Moore, 231 A.D.2d 532).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Rosenblatt, J.P., Thompson, Sullivan and Friedmann, JJ., concur.


Summaries of

People v. Bell

Appellate Division of the Supreme Court of New York, Second Department
May 27, 1997
239 A.D.2d 593 (N.Y. App. Div. 1997)
Case details for

People v. Bell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSIE BELL, Appellant

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

Date published: May 27, 1997

Citations

239 A.D.2d 593 (N.Y. App. Div. 1997)
658 N.Y.S.2d 992

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