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People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1990
168 A.D.2d 579 (N.Y. App. Div. 1990)

Opinion

December 17, 1990

Appeal from the County Court, Nassau County (Thorp, 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.

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 and 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 defendant's remaining contentions are either unpreserved for our review or without merit. Kooper, J.P., Eiber, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1990
168 A.D.2d 579 (N.Y. App. Div. 1990)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY MOORE, Appellant

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

Date published: Dec 17, 1990

Citations

168 A.D.2d 579 (N.Y. App. Div. 1990)
562 N.Y.S.2d 795