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People v. Bland

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 800 (N.Y. App. Div. 1991)

Opinion

March 18, 1991

Appeal from the County Court, Dutchess County (King, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, that branch of his omnibus motion which was to suppress the complainant's in-court identification testimony was properly denied for reasons stated by the hearing court in its memorandum decision dated April 27, 1987.

The defendant further contends that his conviction was contrary to the weight of the evidence on the ground that his co-perpetrator, who pleaded guilty to grand larceny in the fourth degree and who was sentenced to one year in jail in connection with this incident, testified that he alone was responsible for the theft of the complainant's gun and that the defendant was never in possession of the gun. However, the jury was not bound to accept the co-perpetrator's testimony. Rather, the jury could find, based upon the testimony of the complainant and the arresting officer, that the defendant was acting in concert with the co-perpetrator. As we have repeatedly held, the 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 of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are either without merit, concern harmless error, or are unpreserved for appellate review (see, CPL 470.05) and we decline to review them in the exercise of our interest of justice jurisdiction. Kooper, J.P., Lawrence, Harwood and Balletta, JJ., concur.


Summaries of

People v. Bland

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1991
171 A.D.2d 800 (N.Y. App. Div. 1991)
Case details for

People v. Bland

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER L. BLAND…

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

Date published: Mar 18, 1991

Citations

171 A.D.2d 800 (N.Y. App. Div. 1991)
567 N.Y.S.2d 517