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People v. Echeverria

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1989
151 A.D.2d 597 (N.Y. App. Div. 1989)

Opinion

June 12, 1989

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


Ordered that the judgment is affirmed.

Viewing 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 beyond a reasonable doubt that the defendant's use of force was unjustified and caused the complainant to suffer physical injury, and that the defendant intended to cause such physical injury. Moreover, 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). 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). Brown, J.P., Kooper, Harwood and Rosenblatt, JJ., concur.


Summaries of

People v. Echeverria

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1989
151 A.D.2d 597 (N.Y. App. Div. 1989)
Case details for

People v. Echeverria

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ECHEVERRIA…

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

Date published: Jun 12, 1989

Citations

151 A.D.2d 597 (N.Y. App. Div. 1989)