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People v. Reid

Appellate Division of the Supreme Court of New York, Second Department
Sep 13, 2000
275 A.D.2d 724 (N.Y. App. Div. 2000)

Opinion

Submitted June 9, 2000.

September 13, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered May 11, 1998, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Gary Cohen, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Michael Gore, and Matthew S. Greenberg of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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, 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 trial court's Sandoval ruling was a provident exercise of discretion (see, People v. Sandoval, 34 N.Y.2d 371; People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282, 292). The court's ruling allowing the prosecutor to ask the defendant, if he testified, about the underlying facts of his prior conviction of criminal possession of a weapon and to make a limited inquiry into other convictions did not deprive the defendant of a fair trial (see, People v. McClainin, 178 A.D.2d 495).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.


Summaries of

People v. Reid

Appellate Division of the Supreme Court of New York, Second Department
Sep 13, 2000
275 A.D.2d 724 (N.Y. App. Div. 2000)
Case details for

People v. Reid

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. RILEY REID, APPELLANT. (IND. NO. 8907/97)

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

Date published: Sep 13, 2000

Citations

275 A.D.2d 724 (N.Y. App. Div. 2000)
713 N.Y.S.2d 477