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People v. Hodges

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 724 (N.Y. App. Div. 2004)

Opinion

2002-08684.

Decided April 26, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered August 1, 2002, convicting him of rape in the third degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of endangering the welfare of a child is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). 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 of the crimes charged 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). 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).

PRUDENTI, P.J., RITTER, LUCIANO and CRANE, JJ., concur.


Summaries of

People v. Hodges

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 724 (N.Y. App. Div. 2004)
Case details for

People v. Hodges

Case Details

Full title:THE PEOPLE, ETC., respondent, v. WILLIE HODGES, appellant

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 724 (N.Y. App. Div. 2004)
775 N.Y.S.2d 563