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People v. Carpenter

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 355 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Queens County (Pitaro, 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, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility, including issues involving eyewitness identification testimony, are primarily questions to be determined by the jury, which saw and heard the witnesses (see, People v Caban, 120 A.D.2d 603). 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 unpreserved for appellate review or without merit. Ritter, J.P., Pizzuto, Santucci and Krausman, JJ., concur.


Summaries of

People v. Carpenter

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 355 (N.Y. App. Div. 1995)
Case details for

People v. Carpenter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOYCE CARPENTER…

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 355 (N.Y. App. Div. 1995)
633 N.Y.S.2d 1002