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People v. Hughes

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 725 (N.Y. App. Div. 2004)

Opinion

2002-05411.

Decided April 26, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered May 17, 2002, convicting him of sexual abuse in the first degree and endangering the welfare of a child, after a nonjury trial, and imposing sentence.

Robert C. Mitchell, Riverhead, N.Y. (Victor Velazquez of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael Blakey of counsel), for respondent.

Before: HOWARD MILLER, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his convictions of sexual abuse in the first degree and endangering the welfare of a child is unpreserved for appellate review since he did not specify this ground at trial in his motion to dismiss ( 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 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). 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 sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

H. MILLER, J.P., LUCIANO, SCHMIDT and TOWNES, JJ., concur.


Summaries of

People v. Hughes

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 725 (N.Y. App. Div. 2004)
Case details for

People v. Hughes

Case Details

Full title:THE PEOPLE, ETC., respondent, v. LENNON HUGHES, appellant

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 725 (N.Y. App. Div. 2004)
775 N.Y.S.2d 189