From Casetext: Smarter Legal Research

People v. Santiago

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 706 (N.Y. App. Div. 1996)

Opinion

June 24, 1996

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


Ordered that the judgment and the order are affirmed.

Viewing the evidence in the light most favorable to the People ( 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. The defendant contends that the People's main witness, because of his criminal history and involvement with illegal drugs, should not have been believed by the jury. In addition, the defendant points to numerous inconsistencies and contradictions in the testimony of the prosecution witness. 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). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence ( see, CPL 470.15).

We reject the defendant's contention that the imposition of consecutive sentences with respect to some of the offenses was error. The crimes of which he was convicted did not constitute a single incident but consisted of three distinct and disparate sets of acts which were committed against different individuals ( see, People v. Almodovar, 62 N.Y.2d 126, 130; People v. Glass, 179 A.D.2d 774). Accordingly, the imposition of the challenged consecutive sentences was permissible ( see, People v. Day, 73 N.Y.2d 208).

The defendant's remaining contentions are either unpreserved for appellate review ( see, People v. Alfaro, 66 N.Y.2d 985; People v. Miles, 198 A.D.2d 445) or without merit. Rosenblatt, J.P., Ritter, Copertino and Joy, JJ., concur.


Summaries of

People v. Santiago

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 706 (N.Y. App. Div. 1996)
Case details for

People v. Santiago

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY SANTIAGO…

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

Date published: Jun 24, 1996

Citations

228 A.D.2d 706 (N.Y. App. Div. 1996)
645 N.Y.S.2d 813

Citing Cases

People v. Toro

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620),…

People v. Santiago

Both motions were denied following an evidentiary hearing in which the court found that the recantation was…