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People v. Killings

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 1994
200 A.D.2d 636 (N.Y. App. Div. 1994)

Opinion

January 18, 1994

Appeal from the County Court, Suffolk County (Sherman, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in a light most favorable to the People (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish that the defendant acted together with the codefendant in committing the crimes of robbery in the second degree and unlawful imprisonment in the first degree. The evidence established that the defendant acted with the codefendant in stealing money and jewelry from the victim by physically threatening him. There was also evidence that the codefendant and the defendant forced the victim to ride in a car with them and that the codefendant, who was driving, did not know how to operate the car. In addition, the People presented evidence of the defendant's confession to acts which constitute the crimes of which he was found guilty.

The jury was free to disbelieve all or part of the defendant's account of his involvement in the incident as well as his testimony as to how his statement was obtained. 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 (CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Ritter, J.P., Copertino, Pizzuto and Joy, JJ., concur.


Summaries of

People v. Killings

Appellate Division of the Supreme Court of New York, Second Department
Jan 18, 1994
200 A.D.2d 636 (N.Y. App. Div. 1994)
Case details for

People v. Killings

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SYLVESTER KILLINGS…

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

Date published: Jan 18, 1994

Citations

200 A.D.2d 636 (N.Y. App. Div. 1994)
606 N.Y.S.2d 747

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