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People v. Robertson

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 753 (N.Y. App. Div. 1990)

Opinion

January 16, 1990

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


Ordered that the judgment is affirmed.

The trial court did not err in allowing the leather jacket stolen by the defendant to be admitted into evidence. The complaining witness testified that the jacket found on the defendant at the time of the arrest belonged to the complainant, and he was able to specifically identify it by its size, color, and brand name. This was sufficient to warrant admission of the jacket in evidence (see, People v. Julian, 41 N.Y.2d 340; People v. Connelly, 35 N.Y.2d 171, 174; People v. Donovan, 141 A.D.2d 835).

The court did not improvidently exercise its discretion in permitting a limited inquiry into the underlying facts of the defendant's 1978 attempted grand larceny arrest (see, People v Sandoval, 34 N.Y.2d 371; People v. Williams, 108 A.D.2d 767).

In addition, the defendant's contention that the prosecutor's opening statement was inadequate has not been preserved for appellate review (see, CPL 470.05) and, in any event, is without merit (see, People v. Kurtz, 51 N.Y.2d 380).

Upon the exercise of factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Resolution of issues of credibility, as well as the weight to be accorded the evidence presented are primarily questions for 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 will not be disturbed unless clearly unsupported by the record (see, People v. Garafolo, 44 A.D.2d 86, 88). Thompson, J.P., Bracken, Eiber and Balletta, JJ., concur.


Summaries of

People v. Robertson

Appellate Division of the Supreme Court of New York, Second Department
Jan 16, 1990
157 A.D.2d 753 (N.Y. App. Div. 1990)
Case details for

People v. Robertson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR ROBERTSON…

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

Date published: Jan 16, 1990

Citations

157 A.D.2d 753 (N.Y. App. Div. 1990)