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People v. Cowan

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1999
262 A.D.2d 421 (N.Y. App. Div. 1999)

Opinion

Argued April 26, 1999

June 7, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered July 8, 1997, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Kristina Ross of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Allen L. Bode of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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 ( see, CPL 470.15).

The trial court's Sandoval ruling, which permitted the People to inquire about various prior convictions without eliciting the underlying facts, as well as allowing inquiry into the defendant's use of false pedigree information, was a proper exercise of discretion ( see, People v. Walker, 83 N.Y.2d 455, 459; People v. Sandoval, 34 N.Y.2d 371; People v. Harris, 190 A.D.2d 864; People v. Scott, 118 A.D.2d 881).


Summaries of

People v. Cowan

Appellate Division of the Supreme Court of New York, Second Department
Jun 7, 1999
262 A.D.2d 421 (N.Y. App. Div. 1999)
Case details for

People v. Cowan

Case Details

Full title:The PEOPLE, etc., respondent, v. JEROME COWAN, appellant. (Ind. No…

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

Date published: Jun 7, 1999

Citations

262 A.D.2d 421 (N.Y. App. Div. 1999)
689 N.Y.S.2d 668