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People v. Fedder

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 499 (N.Y. App. Div. 2000)

Opinion

Submitted September 5, 2000

October 2, 2000.

Appeal by the defendant from a judgment of the County Court, Nassau County (LaPera J.), rendered September 29, 1999, convicting him of endangering the welfare of a child, after a nonjury trial, and imposing sentence.

Samuel E. Rieff, Garden City, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Douglas Noll and Lawrence J. Schwarz of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction is unpreserved for appellate review. In any event, the argument is without merit (see, People v. Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, 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 trier of fact, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94).


Summaries of

People v. Fedder

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 499 (N.Y. App. Div. 2000)
Case details for

People v. Fedder

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. NICHOLAS FEDDER, APPELLANT. (IND. NO…

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

Date published: Oct 2, 2000

Citations

276 A.D.2d 499 (N.Y. App. Div. 2000)
713 N.Y.S.2d 882