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People v. Mungin

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 730 (N.Y. App. Div. 2004)

Opinion

2001-00751.

Decided April 26, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered January 5, 2001, convicting him of criminal sale of a controlled substance in or near school grounds and criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, James A. Dolan, and Joseph G. D'Arrigo of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, THOMAS A. ADAMS, BARRY A. COZIER, 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), 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). 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). 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 unpreserved for appellate review and, in any event, without merit.

RITTER, J.P., S. MILLER, ADAMS and COZIER, JJ., concur.


Summaries of

People v. Mungin

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 730 (N.Y. App. Div. 2004)
Case details for

People v. Mungin

Case Details

Full title:THE PEOPLE, ETC., respondent, v. BRUCE MUNGIN, appellant

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 730 (N.Y. App. Div. 2004)
775 N.Y.S.2d 552