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People v. Solorzano

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 434 (N.Y. App. Div. 1990)

Opinion

July 9, 1990

Appeal from the Supreme Court, Kings County (Marrus, 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. The complainant's testimony that defendant grabbed her by the arm, dragged her to the bedroom, threw her down on the bed, and forced her to have intercourse with him while he held her hands, as she repeatedly told him to stop and cried during the attack, is sufficient to establish forcible compulsion (see, People v Fuller, 50 N.Y.2d 628; People v. Gonzalez, 136 A.D.2d 735; People v. Urso, 132 A.D.2d 769).

In addition, resolution of issues of credibility and the weight to be accorded the evidence presented are primarily questions to be determined by the trier of fact, 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 (CPL 470.15).

We have considered the defendant's remaining contentions and find them either to be unpreserved for appellate review or without merit (see, CPL 470.05; People v. Ingram, 67 N.Y.2d 897, 899; People v. Ortiz, 54 N.Y.2d 288; People v. Medina, 53 N.Y.2d 951; People v. Ashwal, 39 N.Y.2d 105; People v. Booker, 145 A.D.2d 564; People v. Jefferson, 136 A.D.2d 655, 657; 2 CJI[NY] PL 130.35 [1], at 401, 401D, 401E). Mangano, P.J., Bracken, Rubin and Rosenblatt, JJ., concur.


Summaries of

People v. Solorzano

Appellate Division of the Supreme Court of New York, Second Department
Jul 9, 1990
163 A.D.2d 434 (N.Y. App. Div. 1990)
Case details for

People v. Solorzano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIAS SOLORZANO…

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

Date published: Jul 9, 1990

Citations

163 A.D.2d 434 (N.Y. App. Div. 1990)
559 N.Y.S.2d 20

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