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People v. Harrell

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 365 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the judgment is affirmed.

The defendant contends that the verdict is against the weight of the evidence because he lacked the intent to commit rape on both occasions. Specifically, he relies on his own testimony which established that he used crack and alcohol prior to committing each rape. We disagree. 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 finder of fact, and his 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). We are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Ritter, J.P., Pizzuto, Santucci and Krausman, JJ., concur.


Summaries of

People v. Harrell

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 365 (N.Y. App. Div. 1995)
Case details for

People v. Harrell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD LEE HARRELL…

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 365 (N.Y. App. Div. 1995)
633 N.Y.S.2d 379