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People v. Munno

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 711 (N.Y. App. Div. 1994)

Opinion

June 20, 1994

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


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the verdict convicting him of sexual abuse in the first degree and endangering the welfare of a child was against the weight of the evidence (see, CPL 470.15). 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; People v. White, 198 A.D.2d 388; People v. Kennedy, 185 A.D.2d 364). 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).

The defendant's remaining contentions are either unpreserved for appellate review (see, People v. Tardbania, 72 N.Y.2d 852; People v. Adams, 194 A.D.2d 680; People v. Ashe, 166 A.D.2d 655) or without merit. Lawrence, J.P., Ritter, Hart and Krausman, JJ., concur.


Summaries of

People v. Munno

Appellate Division of the Supreme Court of New York, Second Department
Jun 20, 1994
205 A.D.2d 711 (N.Y. App. Div. 1994)
Case details for

People v. Munno

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORESTE MUNNO, Appellant

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

Date published: Jun 20, 1994

Citations

205 A.D.2d 711 (N.Y. App. Div. 1994)
614 N.Y.S.2d 296