From Casetext: Smarter Legal Research

People v. Hines

Appellate Division of the Supreme Court of New York, Second Department
Aug 14, 1995
218 A.D.2d 709 (N.Y. App. Div. 1995)

Opinion

August 14, 1995

Appeal from the County Court, Westchester County (Scarpino, 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), we find that the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant points to certain inconsistencies in the testimony of the complainant and claims that his testimony should be deemed incredible as a matter of law. However, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined at trial and we see no reason to disturb the trial court's findings here (see, People v. Yarrell, 150 A.D.2d 740; People v. Mistretta, 147 A.D.2d 661; cf., People v Foster, 64 N.Y.2d 1144, cert denied 474 U.S. 857; People v. Reed, 40 N.Y.2d 204; People v. Santos, 38 N.Y.2d 173; People v. Ledwon, 153 N.Y. 10). 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). O'Brien, J.P., Santucci, Joy and Goldstein, JJ., concur.


Summaries of

People v. Hines

Appellate Division of the Supreme Court of New York, Second Department
Aug 14, 1995
218 A.D.2d 709 (N.Y. App. Div. 1995)
Case details for

People v. Hines

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEPHEN HINES…

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

Date published: Aug 14, 1995

Citations

218 A.D.2d 709 (N.Y. App. Div. 1995)
630 N.Y.S.2d 944

Citing Cases

People v. Davis

Even assuming that the sole eyewitness to the fatal shooting was an accomplice, his testimony was…