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People v. Murray

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 452 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment and the amended judgment are affirmed.

The defendant contends that the People failed to establish his guilt beyond a reasonable doubt because the testimony of the prosecution's witnesses was inconsistent and contradictory. However, 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, the 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 heard and saw 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, 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 claim that his sentence was excessive is without merit. Given the defendant's prior criminal history, which includes several convictions for operating a motor vehicle while under the influence of alcohol, it was not an improvident exercise of discretion for the court to impose the maximum permissible sentence (see, People v. Nosek, 160 A.D.2d 898, 899; People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit. Mangano, P.J., Miller, Thompson and Joy, JJ., concur.


Summaries of

People v. Murray

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 452 (N.Y. App. Div. 1996)
Case details for

People v. Murray

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER C. MURRAY…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 452 (N.Y. App. Div. 1996)
638 N.Y.S.2d 321