From Casetext: Smarter Legal Research

People v. Gainey

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 411 (N.Y. App. Div. 1995)

Opinion

June 12, 1995

Appeal from the County Court, Westchester County (Scarpino, 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. 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 of guilt is not against the weight of the evidence (see, CPL 470.15).

We have reviewed the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Joy, Hart and Florio, JJ., concur.


Summaries of

People v. Gainey

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 411 (N.Y. App. Div. 1995)
Case details for

People v. Gainey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMOND GAINEY…

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

Date published: Jun 12, 1995

Citations

216 A.D.2d 411 (N.Y. App. Div. 1995)
628 N.Y.S.2d 514