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People v. Collado

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1992
187 A.D.2d 444 (N.Y. App. Div. 1992)

Opinion

November 2, 1992

Appeal from the Supreme Court, Kings County (Starkey, 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 establish the defendant's guilt beyond a reasonable doubt. 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). The jury's determination should be accorded great weight on appeal and will 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 (see, CPL 470.15).

Further, the jury verdict convicting the defendant of robbery in the first degree and acquitting his codefendant of the same crime was not repugnant. The jury was instructed to consider the evidence separately as to each of the defendants (see, People v Brown, 158 A.D.2d 528; People v Harrison, 141 A.D.2d 842).

We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.


Summaries of

People v. Collado

Appellate Division of the Supreme Court of New York, Second Department
Nov 2, 1992
187 A.D.2d 444 (N.Y. App. Div. 1992)
Case details for

People v. Collado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENNY COLLADO, Also…

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

Date published: Nov 2, 1992

Citations

187 A.D.2d 444 (N.Y. App. Div. 1992)

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