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People v. Morant

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 646 (N.Y. App. Div. 2000)

Opinion

Submitted September 14, 2000.

October 16, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered July 24, 1996, convicting him of attempted murder in the first degree, aggravated assault upon a police officer, assault in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Arza Rayches Feldman, Roslyn, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Adrienne Bagnato of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620; People v. Manning, 199 A.D.2d 621), 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 (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).

The defendant's remaining contention is without merit (see, People v. Townes, 41 N.Y.2d 97).


Summaries of

People v. Morant

Appellate Division of the Supreme Court of New York, Second Department
Oct 16, 2000
276 A.D.2d 646 (N.Y. App. Div. 2000)
Case details for

People v. Morant

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. PAUL MORANT, APPELLANT. (IND. NO. 4904/95)

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

Date published: Oct 16, 2000

Citations

276 A.D.2d 646 (N.Y. App. Div. 2000)
714 N.Y.S.2d 893

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