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People v. Hunt

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1991
177 A.D.2d 649 (N.Y. App. Div. 1991)

Opinion

November 18, 1991

Appeal from the Supreme Court, Kings County (Kreindler, J.).


Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove his guilt beyond a reasonable doubt. 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. Although the defendant's employer testified that the defendant was working at the time of the incident, four witnesses testified that they saw the defendant shoot the victim.

Resolution of issues of credibility as well as the weight to be accorded the evidence presented are primarily questions to be determined by the jury, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94). The jury's resolution of conflicts in the evidence will not be lightly overturned on appeal (cf., People v. Garafolo, 44 A.D.2d 86, 88), and minor discrepancies in the testimony of witnesses do not render their testimony incredible as a matter of law (see, People v. Perkins, 149 A.D.2d 441, 442). Upon the exercise of our factual review power (see, CPL 470.15), we are satisfied that the verdict was not against the weight of the evidence. Mangano, P.J., Harwood, Eiber and O'Brien, JJ., concur.


Summaries of

People v. Hunt

Appellate Division of the Supreme Court of New York, Second Department
Nov 18, 1991
177 A.D.2d 649 (N.Y. App. Div. 1991)
Case details for

People v. Hunt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO HUNT, Appellant

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

Date published: Nov 18, 1991

Citations

177 A.D.2d 649 (N.Y. App. Div. 1991)

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