From Casetext: Smarter Legal Research

People v. Samuel

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 562 (N.Y. App. Div. 1996)

Opinion

April 15, 1996

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


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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).

Although the prosecutor made several improper remarks in his summation, the trial court sustained the defense counsel's objections and/or gave prompt curative instructions, which were sufficient to dispel the prejudicial effect of the errors ( see, People v. Berry, 182 A.D.2d 824, 825).

Finally, the defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80). Santucci, J.P., Altman, Krausman and Goldstein, JJ., concur.


Summaries of

People v. Samuel

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 1996
226 A.D.2d 562 (N.Y. App. Div. 1996)
Case details for

People v. Samuel

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN SAMUEL…

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

Date published: Apr 15, 1996

Citations

226 A.D.2d 562 (N.Y. App. Div. 1996)
641 N.Y.S.2d 99