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People v. Street

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1990
163 A.D.2d 346 (N.Y. App. Div. 1990)

Opinion

July 2, 1990

Appeal from the Supreme Court, Queens County (Cohen, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), we find that the People disproved the defense of justification beyond a reasonable doubt (see, People v. Reed, 40 N.Y.2d 204). At trial, the defendant contended that the victim had attacked him by hitting him in the head with a hammer. However, the People presented testimony that the victim merely struck the defendant with his bare hands. A physician also testified that the defendant's injuries were inconsistent with having been struck by a hammer. In addition, the hammer was found to contain no sign of blood, hair, or skin.

Although the defendant presented a plausible defense, the jury apparently credited the evidence offered by the prosecution. 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; People v. Martinez, 149 A.D.2d 438). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v. Martinez, supra; 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). Lawrence, J.P., Kunzeman, Rubin and Rosenblatt, JJ., concur.


Summaries of

People v. Street

Appellate Division of the Supreme Court of New York, Second Department
Jul 2, 1990
163 A.D.2d 346 (N.Y. App. Div. 1990)
Case details for

People v. Street

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY STREET, Appellant

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

Date published: Jul 2, 1990

Citations

163 A.D.2d 346 (N.Y. App. Div. 1990)
559 N.Y.S.2d 653

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