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People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 499 (N.Y. App. Div. 1988)

Opinion

November 14, 1988

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


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15). While there were certain inconsistencies in the testimony, it is well settled that the 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). The remaining alleged errors claimed by the defendant were not preserved for appellate review (see, CPL 470.05; People v. Love, 57 N.Y.2d 1023, 1025; People v. Faison, 126 A.D.2d 739, 740), and, in any event, they do not warrant reversal in the interest of justice given the nature of the proof against the defendant. Mangano, J.P., Weinstein, Kooper and Balletta, JJ., concur.


Summaries of

People v. Ramos

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 1988
144 A.D.2d 499 (N.Y. App. Div. 1988)
Case details for

People v. Ramos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM RAMOS…

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

Date published: Nov 14, 1988

Citations

144 A.D.2d 499 (N.Y. App. Div. 1988)