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People v. Jolivert

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 585 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

Appeal from the Supreme Court, Queens County (Cooperman, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (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. The testimony adduced at trial established that the defendant acted as the get-away driver by driving the accomplices to the scene of the crime, waiting while they robbed the victim, and then picking them up afterwards. The victim later recognized the defendant as the driver of the getaway car when the defendant came to the precinct to proffer an alibi for his accomplice. The defendant's role in the incident was thereafter confirmed by the testimony of one of his coperpetrators at trial. Moreover, 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). 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).

We find that the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.


Summaries of

People v. Jolivert

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 585 (N.Y. App. Div. 1995)
Case details for

People v. Jolivert

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKELS JOLIVERT…

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

Date published: Jun 26, 1995

Citations

216 A.D.2d 585 (N.Y. App. Div. 1995)
628 N.Y.S.2d 764