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People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 524 (N.Y. App. Div. 1997)

Opinion

December 22, 1997

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


Ordered that the judgment is affirmed.

The defendant's contention that the jury verdict convicting him of manslaughter in the first degree was against the weight of the evidence is without merit ( see, CPL 470.15; People v. Bleakley, 69 N.Y.2d 490, 495). 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 jury, which saw and heard the witnesses ( see, People v. Gaimari, 176 N.Y. 84, 94; 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).

Ritter, J. P., Sullivan, Goldstein and Lerner, JJ., concur.


Summaries of

People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
Dec 22, 1997
245 A.D.2d 524 (N.Y. App. Div. 1997)
Case details for

People v. Burgos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JOSE BURGOS, Appellant

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

Date published: Dec 22, 1997

Citations

245 A.D.2d 524 (N.Y. App. Div. 1997)
666 N.Y.S.2d 490

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