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People v. Stroud

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1991
174 A.D.2d 642 (N.Y. App. Div. 1991)

Opinion

June 10, 1991

Appeal from the Supreme Court, Kings County (Feldman, 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 beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined for the jury, which saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 86, 94). Its determination should be accorded great weight on appeal and should not be disturbed on appeal 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).

We have examined the defendant's remaining contentions and find them to be unpreserved for appellate review or without merit (see, CPL 470.05; People v Pavao, 59 N.Y.2d 282, 292; People v Roberts, 163 A.D.2d 120; People v Wright, 112 A.D.2d 179, 180; cf., People v Brown, 157 A.D.2d 790, 791; see also, People v Duffy, 36 N.Y.2d 258, 262-263, amended on other grounds 36 N.Y.2d 857, cert denied 423 U.S. 861). Kunzeman, J.P., Kooper, Sullivan and Lawrence, JJ., concur.


Summaries of

People v. Stroud

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 1991
174 A.D.2d 642 (N.Y. App. Div. 1991)
Case details for

People v. Stroud

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD STROUD…

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

Date published: Jun 10, 1991

Citations

174 A.D.2d 642 (N.Y. App. Div. 1991)
571 N.Y.S.2d 104