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People v. Comparetto

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 594 (N.Y. App. Div. 1989)

Opinion

May 15, 1989

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgment is affirmed.

The defendant was found guilty of having assaulted a police officer who was attempting to ticket trucks owned by him. The defendant claims that the evidence against him was legally insufficient. We disagree. 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.

The defendant also contends that the police officer complainant should not have been believed by the jury. However, resolution of issues of credibility, as well as the weight to be accorded 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).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Lawrence, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Comparetto

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1989
150 A.D.2d 594 (N.Y. App. Div. 1989)
Case details for

People v. Comparetto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GINO COMPARETTO…

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

Date published: May 15, 1989

Citations

150 A.D.2d 594 (N.Y. App. Div. 1989)