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People v. Mungen

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 419 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

Appeal from the Supreme Court, Queens County (Sharpe, J.).


Ordered that the judgment is affirmed.

The jury's verdict was not against the weight of the evidence (see, People v. Bigelow, 106 A.D.2d 448). Although the complainant's testimony contained minor inconsistencies, its accuracy and credibility was for the jury to determine (People v Ragins, 109 A.D.2d 806; People v. Bigelow, supra), and there is no basis in the record at bar to warrant this court's interference with that determination.

The sentence the defendant received was not unduly harsh or excessive, and there are no extraordinary circumstances present which would warrant disturbance of the sentencing court's exercise of discretion (see, People v. Suitte, 90 A.D.2d 80).

We have considered the defendant's remaining contentions and find them to be either without merit or unpreserved for appellate review. Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Mungen

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 419 (N.Y. App. Div. 1986)
Case details for

People v. Mungen

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK MUNGEN, Appellant

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

Date published: Dec 8, 1986

Citations

125 A.D.2d 419 (N.Y. App. Div. 1986)

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