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People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 642 (N.Y. App. Div. 2000)

Opinion

Argued September 7, 2000.

October 16, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jones, J.), rendered July 8, 1997, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Jeffrey I. Richman of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Shulamit Rosenblum, and Karen Marcus of counsel), for respondent.

Before: FRED T. SANTUCCI, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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 of guilt was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see, CPL 470.05) or without merit.


Summaries of

People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 642 (N.Y. App. Div. 2000)
Case details for

People v. Joseph

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. RODNEY JOSEPH, APPELLANT. (IND. NO…

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 642 (N.Y. App. Div. 2000)
714 N.Y.S.2d 892