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People v. Rabasca

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 749 (N.Y. App. Div. 1992)

Opinion

March 9, 1992

Appeal from the Supreme Court, Kings County (Lipp, J.).


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 of assault in the second degree and official misconduct beyond a reasonable doubt. Resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of facts 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, 88). Moreover, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

We have reviewed the defendant's remaining contention and find it to be unpreserved for appellate review, and in any event, without merit. Thompson, J.P., Rosenblatt, Miller and Copertino, JJ., concur.


Summaries of

People v. Rabasca

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1992
181 A.D.2d 749 (N.Y. App. Div. 1992)
Case details for

People v. Rabasca

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERARD RABASCA…

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

Date published: Mar 9, 1992

Citations

181 A.D.2d 749 (N.Y. App. Div. 1992)