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People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 589 (N.Y. App. Div. 1995)

Opinion

May 15, 1995

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


Ordered that the judgment is affirmed.

Viewing the evidence in a light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, it is well settled that resolution of issues of credibility and the weight to be accorded to the evidence presented are primarily questions to be determined by the jury, which saw and heard the witness (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 is not against the weight of the evidence (see, CPL 470.15). Bracken, J.P., Pizzuto, Santucci and Friedmann, JJ., concur.


Summaries of

People v. Johnson

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 589 (N.Y. App. Div. 1995)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE JOHNSON…

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

Date published: May 15, 1995

Citations

215 A.D.2d 589 (N.Y. App. Div. 1995)
627 N.Y.S.2d 953