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People v. Reeves

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1997
236 A.D.2d 635 (N.Y. App. Div. 1997)

Opinion

February 24, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered March 3, 1995, convicting him of criminal possession of a weapon in the third degree and resisting arrest, upon a jury verdict, and imposing sentence.

Before: O'Brien, J.P., Thompson, Joy and Goldstein, JJ.


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient is unpreserved for appellate review ( see, CPL 470.05; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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, 17'6 NY 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 AD2d 86, 88). 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 defendant's remaining contention is unpreserved for appellate review ( see, CPL 470.05; People v Udzinski, 146 AD2d 245, supra), and, in any event, is without merit.


Summaries of

People v. Reeves

Appellate Division of the Supreme Court of New York, Second Department
Feb 24, 1997
236 A.D.2d 635 (N.Y. App. Div. 1997)
Case details for

People v. Reeves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYRONE REEVES…

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

Date published: Feb 24, 1997

Citations

236 A.D.2d 635 (N.Y. App. Div. 1997)
654 N.Y.S.2d 686

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