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People v. Hardie

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1998
256 A.D.2d 419 (N.Y. App. Div. 1998)

Opinion

December 14, 1998

Appeal from the Supreme Court, Queens County (Spires, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The weight to be accorded to the evidence presented is primarily a question to be determined by the jury, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94; People v. Hawkins, 248 A.D.2d 634). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v. Morris, 244 A.D.2d 361; People v. Dominick, 243 A.D.2d 723; People v. Garafolo, 44 A.D.2d 86, 88). 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).

Rosenblatt, J. P., Ritter, Santucci and McGinity, JJ., concur.


Summaries of

People v. Hardie

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1998
256 A.D.2d 419 (N.Y. App. Div. 1998)
Case details for

People v. Hardie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK HARDIE, Appellant

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

Date published: Dec 14, 1998

Citations

256 A.D.2d 419 (N.Y. App. Div. 1998)
682 N.Y.S.2d 625