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People v. Santana

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 526 (N.Y. App. Div. 1996)

Opinion

June 10, 1996

Appeal from the Supreme Court, Queens County (Eng, 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 is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, inconsistencies in the testimony of the witnesses and 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; People v. Garafolo, 44 A.D.2d 86). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (CPL 470.15).

The defendant's sentence is neither excessive nor otherwise improper (see, People v. York, 162 A.D.2d 748; People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review (CPL 470.05) or without merit. Rosenblatt, J.P., Ritter, Copertino and Santucci, JJ., concur.


Summaries of

People v. Santana

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1996
228 A.D.2d 526 (N.Y. App. Div. 1996)
Case details for

People v. Santana

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SANTANA…

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

Date published: Jun 10, 1996

Citations

228 A.D.2d 526 (N.Y. App. Div. 1996)
643 N.Y.S.2d 1006