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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 643 (N.Y. App. Div. 1998)

Opinion

March 23, 1998

Appeal from the County Court, Dutchess County (Marlow, J.).


Ordered that the judgment is affirmed.

We find unpersuasive the defendant's contention that the verdict was against the weight of the evidence. The 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 of guilt was not against the weight of the evidence (see, CPL 470.15).

Additionally, the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245), or without merit.

O'Brien, J. P., Pizzuto, Friedmann and McGinity, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 643 (N.Y. App. Div. 1998)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER C. MILLER…

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

Date published: Mar 23, 1998

Citations

248 A.D.2d 643 (N.Y. App. Div. 1998)
669 N.Y.S.2d 950