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People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 692 (N.Y. App. Div. 1991)

Opinion

March 4, 1991

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


Ordered that the judgment is affirmed.

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 sufficient to establish the defendant's guilt beyond a reasonable doubt. Four witnesses testified that they saw the defendant with a gun, and two of those witnesses testified that they saw the defendant shoot the gun at two fleeing individuals. The defendant contends that the prosecution witnesses were unworthy of belief. However, 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). 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 (see, CPL 470.15).

The defendant's contention that the court marshaled the evidence in an uneven manner is without merit. The critical issue in reviewing a charge is always whether any deficiency by the court denied the defendant a fair trial (see, People v Saunders, 64 N.Y.2d 665, 667; People v Culhane, 45 N.Y.2d 757, cert denied 439 U.S. 1047). Considering that the particular instruction at issue was entirely appropriate, it cannot be said that the defendant was denied a fair trial (see, People v Thomas, 166 A.D.2d 624).

Finally, the sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Eiber, Balletta and Ritter, JJ., concur.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 692 (N.Y. App. Div. 1991)
Case details for

People v. Jones

Case Details

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

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

Date published: Mar 4, 1991

Citations

171 A.D.2d 692 (N.Y. App. Div. 1991)
567 N.Y.S.2d 160