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People v. DeRuggiero

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 517 (N.Y. App. Div. 1997)

Opinion

May 5, 1997

Appeal from the County Court, Westchester County (Angiolillo, 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 ( see, People v. Flayhart, 72 N.Y.2d 737, 741). Moreover, 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 defendant's remaining contentions are without merit ( see, People v. Bing, 76 N.Y.2d 331; People v. Rivera, 186 A.D.2d 692, 693; People v. Ingram, 208 A.D.2d 561).

Miller, J.P., Copertino, Krausman and Florio, JJ., concur.


Summaries of

People v. DeRuggiero

Appellate Division of the Supreme Court of New York, Second Department
May 5, 1997
239 A.D.2d 517 (N.Y. App. Div. 1997)
Case details for

People v. DeRuggiero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SALVATORE DeRUGGIERO…

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

Date published: May 5, 1997

Citations

239 A.D.2d 517 (N.Y. App. Div. 1997)
658 N.Y.S.2d 952

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