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People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1990
159 A.D.2d 512 (N.Y. App. Div. 1990)

Opinion

March 5, 1990

Appeal from the Supreme Court, Kings County (Heller, 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 was legally sufficient to support the defendant's guilt. The defendant further contends that the allegedly inconsistent and contradictory testimony of the complainants should not have been believed by the jury. However, 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 was not against the weight of the evidence (CPL 470.15).

The other contentions raised by the defendant are without merit. Lawrence, J.P., Rubin, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Mar 5, 1990
159 A.D.2d 512 (N.Y. App. Div. 1990)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIMMY CARTER, Appellant

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

Date published: Mar 5, 1990

Citations

159 A.D.2d 512 (N.Y. App. Div. 1990)