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People v. Mignott

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 506 (N.Y. App. Div. 1999)

Opinion

Submitted September 7, 1999

October 18, 1999

Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, 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, 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 (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).

The defendant's remaining contention is without merit.

BRACKEN, J.P., KRAUSMAN, McGINITY, and SCHMIDT, JJ., concur.


Summaries of

People v. Mignott

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 506 (N.Y. App. Div. 1999)
Case details for

People v. Mignott

Case Details

Full title:THE PEOPLE, etc., respondent, v. ANDRE MIGNOTT, appellant. (Ind. No…

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

Date published: Oct 18, 1999

Citations

265 A.D.2d 506 (N.Y. App. Div. 1999)
697 N.Y.S.2d 636