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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1993
199 A.D.2d 340 (N.Y. App. Div. 1993)

Opinion

December 13, 1993

Appeal from the Supreme Court, Queens County (Fisher, J.).


Ordered that the judgment is affirmed.

The issue of the legal sufficiency of the evidence was not preserved for appellate review (see, CPL 470.05). In any event, viewing the evidence adduced at the trial in the 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 beyond a reasonable doubt. Although the defendant contends that the prosecution witnesses were not credible, 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 is entitled to 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). Moreover, 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).

We find that the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., O'Brien, Ritter and Joy, JJ., concur.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1993
199 A.D.2d 340 (N.Y. App. Div. 1993)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS MARTINEZ…

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

Date published: Dec 13, 1993

Citations

199 A.D.2d 340 (N.Y. App. Div. 1993)
606 N.Y.S.2d 987