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People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 640 (N.Y. App. Div. 1996)

Opinion

May 28, 1996

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


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the jury could properly infer that he recklessly caused the victim's death. Issues of credibility of the witnesses, and the weight to be accorded the evidence were all questions to be determined by the jury which saw and heard the witnesses ( see, People v. Gaimari, 176 N.Y. 84). The jury's 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). 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).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for appellate review and we decline to reach them in the exercise of our interest of justice jurisdiction ( see, People v. Ononkpevwe, 151 A.D.2d 511; People v. Brown, 167 A.D.2d 346). O'Brien, J.P., Santucci, Joy and Florio, JJ., concur.


Summaries of

People v. Gomez

Appellate Division of the Supreme Court of New York, Second Department
May 28, 1996
227 A.D.2d 640 (N.Y. App. Div. 1996)
Case details for

People v. Gomez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMIE GOMEZ, Appellant

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

Date published: May 28, 1996

Citations

227 A.D.2d 640 (N.Y. App. Div. 1996)
643 N.Y.S.2d 401