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People v. Gregory

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 2004
6 A.D.3d 548 (N.Y. App. Div. 2004)

Opinion

2001-09561.

Decided April 12, 2004.

Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered November 2, 2001, convicting him of criminal possession of a controlled substance in the third degree, criminal possession of a weapon in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Denis Dillon, District Attorney, Mineola, N.Y. (Tammy J. Smiley and John F. McGlynn of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction of criminal possession of a controlled substance in the third degree is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19). 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 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 trier of fact, 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). 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).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.


Summaries of

People v. Gregory

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 2004
6 A.D.3d 548 (N.Y. App. Div. 2004)
Case details for

People v. Gregory

Case Details

Full title:THE PEOPLE, ETC., respondent, v. LAURENCE GREGORY, appellant. MICHAEL…

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

Date published: Apr 12, 2004

Citations

6 A.D.3d 548 (N.Y. App. Div. 2004)
774 N.Y.S.2d 399

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