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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 445 (N.Y. App. Div. 1995)

Opinion

December 4, 1995

Appeal from the Supreme Court, Kings County (George, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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 is not against the weight of the evidence (see, CPL 470.15).

The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Altman, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Dec 4, 1995
222 A.D.2d 445 (N.Y. App. Div. 1995)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RODNEY BROWN, Appellant

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

Date published: Dec 4, 1995

Citations

222 A.D.2d 445 (N.Y. App. Div. 1995)
635 N.Y.S.2d 39