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People v. Davion

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 550 (N.Y. App. Div. 1988)

Opinion

February 1, 1988

Appeal from the Supreme Court, Queens County (Chetta, J.).


Ordered that the judgment is affirmed.

The defendant's contention that his guilt was not established is without merit. Viewing the evidence adduced at trial in a light most favorable to the prosecution and giving it the benefit of every reasonable inference to be drawn therefrom, we conclude that the evidence was legally sufficient to establish the defendant's guilt (see, People v Contes, 60 N.Y.2d 620; People v Androvett, 135 A.D.2d 640). Moreover, upon the exercise of our factual review power, and recognizing the role of the trier of fact in assessing credibility and the weight afforded to a particular witness's testimony, we are satisfied that the defendant's guilt was proven beyond a reasonable doubt and that the court's verdict was not against the weight of the evidence (see, CPL 470.15). Mangano, J.P., Brown, Harwood and Balletta, JJ., concur.


Summaries of

People v. Davion

Appellate Division of the Supreme Court of New York, Second Department
Feb 1, 1988
137 A.D.2d 550 (N.Y. App. Div. 1988)
Case details for

People v. Davion

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN DAVION, Appellant

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

Date published: Feb 1, 1988

Citations

137 A.D.2d 550 (N.Y. App. Div. 1988)