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People v. Quang Ngoc Phan

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 309 (N.Y. App. Div. 1993)

Opinion

November 8, 1993

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


Ordered that the judgment is affirmed.

The defendant's legal sufficiency claims are unpreserved for appellate review, as his motions for a trial order of dismissal were not specific (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence adduced at trial in a light most favorable to the People (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, who 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 Garafolo, 44 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Lawrence, J.P., Eiber, O'Brien and Santucci, JJ., concur.


Summaries of

People v. Quang Ngoc Phan

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1993
198 A.D.2d 309 (N.Y. App. Div. 1993)
Case details for

People v. Quang Ngoc Phan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. QUANG NGOC PHAN…

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

Date published: Nov 8, 1993

Citations

198 A.D.2d 309 (N.Y. App. Div. 1993)
604 N.Y.S.2d 811

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