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People v. Cunningham

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 603 (N.Y. App. Div. 2000)

Opinion

Submitted January 20, 2000

February 28, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bruno, J.), rendered April 23, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Ian Rose of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie of counsel), for respondent.

FRED T. SANTUCCI, J.P., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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[5]). To the extent that the defendant relies on alleged inconsistencies in the testimony of the detectives involved in this so-called "buy-and-bust" operation, we note that the minor discrepancies do not render the challenged testimony incredible as a matter of law (see, People v. Harris, 262 A.D.2d 657 ;People v. Chavez, 260 A.D.2d 393 ). The resolution of issues of credibility, as well as the weight to be accorded to the evidence presented at trial, 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 should not be disturbed unless clearly unsupported by the record (see, People v. Garafolo, 44 A.D.2d 86, 88 ). Here, there is no basis to disturb the jury's determination.


Summaries of

People v. Cunningham

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 2000
269 A.D.2d 603 (N.Y. App. Div. 2000)
Case details for

People v. Cunningham

Case Details

Full title:THE PEOPLE, etc., respondent, v. GEORGE CUNNINGHAM, appellant. (Ind. No…

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

Date published: Feb 28, 2000

Citations

269 A.D.2d 603 (N.Y. App. Div. 2000)
703 N.Y.S.2d 920

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