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People v. Kissling

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1990
168 A.D.2d 459 (N.Y. App. Div. 1990)

Opinion

December 3, 1990

Appeal from the County Court, Westchester County (Cowhey, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in a 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 of burglary in the second degree. We note that the defendant provided a confession which recounted, with specificity, the events which took place prior to and during the burglary. Although the defendant subsequently denied making the confession, claiming that he had blacked out that day because he had been drinking, the resolution of issues of credibility and the weight to be accorded the evidence 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).

We have considered the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be either unpreserved for appellate review or lacking in merit. Brown, J.P., Lawrence, Kunzeman and Kooper, JJ., concur.


Summaries of

People v. Kissling

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 1990
168 A.D.2d 459 (N.Y. App. Div. 1990)
Case details for

People v. Kissling

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM KISSLING…

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

Date published: Dec 3, 1990

Citations

168 A.D.2d 459 (N.Y. App. Div. 1990)
562 N.Y.S.2d 578