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People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1990
167 A.D.2d 416 (N.Y. App. Div. 1990)

Opinion

November 13, 1990

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


Ordered that the judgment is affirmed.

Insofar as the defendant claims that the evidence was legally insufficient to support the jury's verdict, this issue is not preserved for appellate review, as no objection was raised at trial (see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Balls, 69 N.Y.2d 641). In any event, 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are 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). Accordingly, we reject the argument that the primary prosecution witness was unworthy of belief because of her history of alcoholism and mental difficulties. Bracken, J.P., Kunzeman, Kooper and Balletta, JJ., concur.


Summaries of

People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Nov 13, 1990
167 A.D.2d 416 (N.Y. App. Div. 1990)
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELVIN GREEN, Appellant

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

Date published: Nov 13, 1990

Citations

167 A.D.2d 416 (N.Y. App. Div. 1990)

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