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People v. Myles

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 2003
302 A.D.2d 540 (N.Y. App. Div. 2003)

Opinion

2001-02527

Argued January 23, 2003.

February 18, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered March 1, 2001, convicting him of criminal possession of stolen property in the fourth degree, possession of burglar's tools, and attempted grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Andrew C. Fine, New York, N.Y. (Annamatesha N. Beason of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Debra J. Kondel of counsel), for respondent.

Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, REINALDO E. RIVERA, 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 trier of fact, 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. Garofalo, 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).

SMITH, J.P., GOLDSTEIN, CRANE and RIVERA, JJ., concur.


Summaries of

People v. Myles

Appellate Division of the Supreme Court of New York, Second Department
Feb 18, 2003
302 A.D.2d 540 (N.Y. App. Div. 2003)
Case details for

People v. Myles

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EDWARD MYLES, appellant

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

Date published: Feb 18, 2003

Citations

302 A.D.2d 540 (N.Y. App. Div. 2003)
755 N.Y.S.2d 268