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People v. McFarlane

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1994
202 A.D.2d 519 (N.Y. App. Div. 1994)

Opinion

March 14, 1994

Appeal from the County Court, Nassau County (Belfi, J.).


Ordered that the judgment is affirmed.

Viewing the evidence 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.

Moreover, the defendant contends that the verdict was against the weight of the evidence and that the judgment should therefore be reversed. However, 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 is not against the weight of the evidence (see, CPL 470.15). Sullivan, J.P., Miller, O'Brien and Krausman, JJ., concur.


Summaries of

People v. McFarlane

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1994
202 A.D.2d 519 (N.Y. App. Div. 1994)
Case details for

People v. McFarlane

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC McFARLANE…

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

Date published: Mar 14, 1994

Citations

202 A.D.2d 519 (N.Y. App. Div. 1994)
609 N.Y.S.2d 859