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People v. Lugo

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 596 (N.Y. App. Div. 1988)

Opinion

April 11, 1988

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


Ordered that the judgment is affirmed.

The defendant's contention that his guilt was not proven beyond a reasonable doubt is without merit. Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, is primarily 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). Thompson, J.P., Brown, Weinstein and Balletta, JJ., concur.


Summaries of

People v. Lugo

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 596 (N.Y. App. Div. 1988)
Case details for

People v. Lugo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE LUGO, Appellant

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

Date published: Apr 11, 1988

Citations

139 A.D.2d 596 (N.Y. App. Div. 1988)