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People v. Villante

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1994
204 A.D.2d 369 (N.Y. App. Div. 1994)

Opinion

May 2, 1994

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


Ordered that the judgment is affirmed.

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 that the defendant committed the crimes of robbery in the second degree and robbery in the third degree. The complainant testified that the defendant and another unapprehended perpetrator forcibly took money and other personal property from him in the vestibule of his apartment building. Although there were some inconsistencies in the complainant's testimony, it is well settled that 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). 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 (CPL 470.15). Mangano, P.J., Thompson, Joy and Friedmann, JJ., concur.


Summaries of

People v. Villante

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1994
204 A.D.2d 369 (N.Y. App. Div. 1994)
Case details for

People v. Villante

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEAN VILLANTE…

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

Date published: May 2, 1994

Citations

204 A.D.2d 369 (N.Y. App. Div. 1994)
611 N.Y.S.2d 569

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