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People v. Prince

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 537 (N.Y. App. Div. 2003)

Opinion

2001-05614

Submitted October 17, 2003.

November 17, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered June 6, 2001, convicting him of criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.

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

Before: FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the People failed to adduce legally sufficient proof that he was the person unlawfully in possession of a loaded revolver, is unpreserved for appellate review ( see CPL 470.05; People v. Prahalad, 295 A.D.2d 373). In any event, 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 ( see People v. Shewi Kuo, 289 A.D.2d 424). Although the defendant contends that the verdict was against the weight of the evidence because the testimony of two police officers was implausible, 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, 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). 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).

SANTUCCI, J.P., LUCIANO, SCHMIDT and COZIER, JJ., concur.


Summaries of

People v. Prince

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 2003
1 A.D.3d 537 (N.Y. App. Div. 2003)
Case details for

People v. Prince

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JAMEL PRINCE, appellant

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

Date published: Nov 17, 2003

Citations

1 A.D.3d 537 (N.Y. App. Div. 2003)
767 N.Y.S.2d 264