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People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1992
188 A.D.2d 489 (N.Y. App. Div. 1992)

Opinion

December 7, 1992

Appeal from the Supreme Court, Kings County (Demarest, 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. Although the defendant contends that his version of the events was more credible than that of the arresting officers, resolution of questions 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). 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 was not against the weight of the evidence (CPL 470.15).

Finally, the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., Lawrence, Miller and O'Brien, JJ., concur.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1992
188 A.D.2d 489 (N.Y. App. Div. 1992)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTY JONES, Appellant

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

Date published: Dec 7, 1992

Citations

188 A.D.2d 489 (N.Y. App. Div. 1992)