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People v. Simeona

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1993
194 A.D.2d 701 (N.Y. App. Div. 1993)

Opinion

June 14, 1993

Appeal from the County Court, Nassau County (Harrington, J.).


Ordered that the judgment is affirmed.

We disagree with the defendant's contention that the trial court erred when it gave a supplemental charge regarding constructive possession of a weapon in response to a note from the jury (see, People v. Malloy, 55 N.Y.2d 296, cert denied 459 U.S. 847). The defendant's contentions which are addressed to the substance of that supplemental charge are unpreserved for our review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245) and, in any event, lack merit.

Further, viewing the evidence adduced at the trial 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 People proved that an undercover officer gave the defendant $25 in exchange for a bag of cocaine. The People also proved that the defendant, who had a prior conviction, had a loaded firearm in his possession. In addition, resolution of credibility issues, 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 was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contentions are without merit. Lawrence, J.P., Ritter, Copertino and Santucci, JJ., concur.


Summaries of

People v. Simeona

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1993
194 A.D.2d 701 (N.Y. App. Div. 1993)
Case details for

People v. Simeona

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIM SIMEONA, Appellant

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

Date published: Jun 14, 1993

Citations

194 A.D.2d 701 (N.Y. App. Div. 1993)
598 N.Y.S.2d 337

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