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People v. Parker

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 732 (N.Y. App. Div. 2004)

Opinion

2000-04235.

Decided April 26, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered April 26, 2000, convicting him of criminal sale of a controlled substance in the third degree and reckless driving, upon a jury verdict, and imposing sentence.

Laura R. Johnson, New York, N.Y. (Cheryl Williams of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Patricia Theodorou, and Michael McDonough of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., GLORIA GOLDSTEIN, THOMAS A. ADAMS, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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 afforded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see People v. Garofalo, 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 contentions raised in the defendant's supplemental pro se brief are either unpreserved for appellate review or without merit.

KRAUSMAN, J.P., GOLDSTEIN, ADAMS and COZIER, JJ., concur.


Summaries of

People v. Parker

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 2004
6 A.D.3d 732 (N.Y. App. Div. 2004)
Case details for

People v. Parker

Case Details

Full title:THE PEOPLE, ETC., respondent, v. ERIC PARKER, appellant

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

Date published: Apr 26, 2004

Citations

6 A.D.3d 732 (N.Y. App. Div. 2004)
775 N.Y.S.2d 565

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