From Casetext: Smarter Legal Research

People v. Fassler

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 439 (N.Y. App. Div. 1997)

Opinion

April 14, 1997


Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered April 20, 1994, convicting him of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that his guilt was not proven beyond a reasonable doubt because the testimony of the People's witnesses was contradictory and unbelievable. Viewing the evidence in the light most favorable to the People, we find that the evidence was legally sufficient to support the conviction ( see, People v Contes, 60 N.Y.2d 620). Resolution of issues of credibility and the weight to be accorded the evidence presented are primarily to be determined by the jury which saw and heard the witnesses ( see, People v. Gaimari, 176 N.Y. 84, 94). We are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or are without merit. Miller, J.P., Sullivan, Santucci and Joy, JJ., concur.


Summaries of

People v. Fassler

Appellate Division of the Supreme Court of New York, Second Department
Apr 14, 1997
238 A.D.2d 439 (N.Y. App. Div. 1997)
Case details for

People v. Fassler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK FASSLER, Appellant

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

Date published: Apr 14, 1997

Citations

238 A.D.2d 439 (N.Y. App. Div. 1997)
657 N.Y.S.2d 348