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People v. Walcott

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 767 (N.Y. App. Div. 1991)

Opinion

March 11, 1991

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

On appeal, the defendant contends that the prosecution's main witness, because of his history of committing larcenous crimes, and inconsistencies in his testimony which reflect adversely upon his credibility, should not have been believed by the jury. However, 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 was not against the weight of the evidence (see, CPL 470.15). Bracken, J.P., Brown, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Walcott

Appellate Division of the Supreme Court of New York, Second Department
Mar 11, 1991
171 A.D.2d 767 (N.Y. App. Div. 1991)
Case details for

People v. Walcott

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDY WALCOTT, Appellant

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

Date published: Mar 11, 1991

Citations

171 A.D.2d 767 (N.Y. App. Div. 1991)

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