From Casetext: Smarter Legal Research

People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 1988
137 A.D.2d 854 (N.Y. App. Div. 1988)

Opinion

February 29, 1988

Appeal from the Supreme Court, Queens County (Chetta, 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 the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant contends that the prosecution's witnesses 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). The jury's 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). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

We have considered the defendant's remaining contentions, including those raised in his pro se supplemental brief, and find them to be without merit. Mollen, P.J., Bracken, Spatt and Sullivan, JJ., concur.


Summaries of

People v. Washington

Appellate Division of the Supreme Court of New York, Second Department
Feb 29, 1988
137 A.D.2d 854 (N.Y. App. Div. 1988)
Case details for

People v. Washington

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCUS WASHINGTON…

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

Date published: Feb 29, 1988

Citations

137 A.D.2d 854 (N.Y. App. Div. 1988)