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People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 773 (N.Y. App. Div. 1991)

Opinion

April 22, 1991

Appeal from the County Court, Westchester County (Silverman, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in a light most favorable to the People, we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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). 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 jury, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 94). As it cannot be said that the jury's verdict was clearly unsupported by the record, it should not be disturbed (see, People v. Garafolo, 44 A.D.2d 86, 88).

The defendant failed to preserve for appellate review the propriety of all but one of the prosecutor's remarks on summation (see, CPL 470.05; People v. Nuccie, 57 N.Y.2d 818) and, in any event, his comments were either within the bounds of permissible advocacy, or in answer to issues raised by the defense, or harmless error (see, People v. Galloway, 54 N.Y.2d 396; People v. Ashwal, 39 N.Y.2d 105; People v. Bartolomeo, 126 A.D.2d 375; People v. Jackson, 124 A.D.2d 823).

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit. Sullivan, J.P., Eiber, Miller and Ritter, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1991
172 A.D.2d 773 (N.Y. App. Div. 1991)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LANCE JACKSON…

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

Date published: Apr 22, 1991

Citations

172 A.D.2d 773 (N.Y. App. Div. 1991)