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People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1995
213 A.D.2d 500 (N.Y. App. Div. 1995)

Opinion

March 13, 1995

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


Ordered that the judgment is affirmed.

The defendant contends that the police officers' testimony was both inconsistent and incredible. However, 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). 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). Here, the evidence adequately supported the jury's determination that the defendant attempted to murder the police officers. 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). Thompson, J.P., Lawrence, Hart and Goldstein, JJ., concur.


Summaries of

People v. Rosario

Appellate Division of the Supreme Court of New York, Second Department
Mar 13, 1995
213 A.D.2d 500 (N.Y. App. Div. 1995)
Case details for

People v. Rosario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ROSARIO…

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

Date published: Mar 13, 1995

Citations

213 A.D.2d 500 (N.Y. App. Div. 1995)
624 N.Y.S.2d 902