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People v. McLemore

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1988
137 A.D.2d 724 (N.Y. App. Div. 1988)

Opinion

February 16, 1988

Appeal from the County Court, Suffolk County (Mazzei, J.).


Ordered that the judgments are affirmed.

With regard to indictment No. 2391/82, the defendant contends that the testimony of the complaining witness, the sole witness to the robbery, and his identification of the defendant as the perpetrator of the robbery were incredible and that the verdict was, therefore, against the weight of the evidence. We disagree.

The jury's determination of credibility, as well as the weight to be accorded to the evidence presented should not be disturbed on appeal unless clearly unsupported by the record (see, People v Garafolo, 44 A.D.2d 86). A review of the record reveals that the jury properly accorded little weight to the minor discrepancies in the complaining witness's testimony as brought out on cross-examination and chose to credit his testimony, including his identification of the defendant. Therefore, 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 have examined the defendant's remaining contention and find it to be without merit. Brown, J.P., Rubin, Eiber and Sullivan, JJ., concur.


Summaries of

People v. McLemore

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1988
137 A.D.2d 724 (N.Y. App. Div. 1988)
Case details for

People v. McLemore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME H. McLEMORE…

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

Date published: Feb 16, 1988

Citations

137 A.D.2d 724 (N.Y. App. Div. 1988)