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People v. McCray

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1992
181 A.D.2d 797 (N.Y. App. Div. 1992)

Opinion

March 16, 1992

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


Ordered that the judgment is affirmed.

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. Any alleged inconsistencies in the victim's testimony with respect to his identification of the defendant and his credibility in general were 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 of guilt was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Lawrence, Eiber and Santucci, JJ., concur.


Summaries of

People v. McCray

Appellate Division of the Supreme Court of New York, Second Department
Mar 16, 1992
181 A.D.2d 797 (N.Y. App. Div. 1992)
Case details for

People v. McCray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE McCRAY…

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

Date published: Mar 16, 1992

Citations

181 A.D.2d 797 (N.Y. App. Div. 1992)