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People v. Edens

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 741 (N.Y. App. Div. 1992)

Opinion

March 9, 1992

Appeal from the Supreme Court, Kings County (Greenberg, J.).


Ordered that the judgment is affirmed.

At trial, the People presented evidence that the defendant and three unapprehended accomplices held the victims at gunpoint while robbing them of their jewelry. 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 Contes, 91 A.D.2d 562, affd 60 N.Y.2d 620, supra).

Contrary to the defendant's contention, the People have satisfied their burden of disproving his alibi beyond a reasonable doubt (People v Victor, 62 N.Y.2d 374). Although the defendant presented several alibi witnesses, it cannot be said that the trier-of-fact improperly discredited their testimony (see, People v Cobbs, 161 A.D.2d 723). Resolution of issues of credibility are primarily questions for the trier-of-fact. Its determination is entitled to 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; see also, People v Cobbs, supra). 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). Thompson, J.P., Rosenblatt, Miller and Copertino, JJ., concur.


Summaries of

People v. Edens

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 741 (N.Y. App. Div. 1992)
Case details for

People v. Edens

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES EDENS, Appellant

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

Date published: Mar 9, 1992

Citations

181 A.D.2d 741 (N.Y. App. Div. 1992)
580 N.Y.S.2d 482

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