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People v. Long

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 606 (N.Y. App. Div. 1997)

Opinion

April 28, 1997


Appeal by the defendant from a judgment of the Supreme Court, Queens County (Golia, J.), rendered April 13, 1995, convicting him of robbery in the first degree, rape in the first degree, and sexual abuse in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the complainant was mistaken in identifying him as her attacker is unpreserved for appellate review ( see, CPL 470.05; People v. Johnson, 212 A.D.2d 807, affd 87 N.Y.2d 1006; People v. Udzinski, 146 A.D.2d 245). In any event, 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 legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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 remaining contentions are without merit. Mangano, P.J., Pizzuto, Krausman and Luciano, JJ., concur.


Summaries of

People v. Long

Appellate Division of the Supreme Court of New York, Second Department
Apr 28, 1997
238 A.D.2d 606 (N.Y. App. Div. 1997)
Case details for

People v. Long

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEE LONG, Appellant

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

Date published: Apr 28, 1997

Citations

238 A.D.2d 606 (N.Y. App. Div. 1997)
657 N.Y.S.2d 959