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People v. Brown

Appellate Term of the Supreme Court of New York, Second Department
Sep 30, 2005
2005 N.Y. Slip Op. 51596 (N.Y. App. Term 2005)

Opinion

2004-579 K CR.

Decided September 30, 2005.

Appeal from a judgment of the Criminal Court of the City of New York, Kings County (James M. Burke, J.), rendered April 20, 2004. The judgment convicted defendant, after a nonjury trial, of attempted petit larceny and attempted criminal possession of stolen property in the fifth degree.

Judgment of conviction unanimously affirmed.

PRESENT: PESCE, P.J., WESTON PATTERSON and BELEN, JJ.


Defendant's contention that the evidence adduced at trial was legally insufficient to prove his guilt beyond a reasonable doubt is not preserved for appellate review inasmuch as defendant failed to specify this ground in his motion to dismiss ( see CPL 470.05; People v. Gray, 86 NY2d 10; People v. Udzinski, 146 AD2d 245). In any event, viewing the evidence in a light most favorable to the People ( see People v. Contes, 60 NY2d 620), we find it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the lower court, which had the opportunity to see and hear the witnesses ( see People v. Gaimari, 176 NY 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 AD2d 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). Accordingly, the judgment of conviction should be affirmed.


Summaries of

People v. Brown

Appellate Term of the Supreme Court of New York, Second Department
Sep 30, 2005
2005 N.Y. Slip Op. 51596 (N.Y. App. Term 2005)
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 Term of the Supreme Court of New York, Second Department

Date published: Sep 30, 2005

Citations

2005 N.Y. Slip Op. 51596 (N.Y. App. Term 2005)