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People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1989
148 A.D.2d 479 (N.Y. App. Div. 1989)

Opinion

March 6, 1989

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


Ordered that the judgment is affirmed.

The defendant contends that the People failed to produce legally sufficient evidence of his guilt in light of his defense of temporary innocent possession. However, 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 support the conviction. Moreover, 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). 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 was not against the weight of the evidence (CPL 470.15).

The defendant's contentions concerning the allegedly improper cross-examination and summation remarks by the prosecutor are not preserved for review (see, CPL 470.05; People v. Connors, 121 A.D.2d 556, 557). Furthermore, we find that those comments which are preserved for our review were not so egregious or prejudicial as to warrant a reversal (see, People v. Connors, supra, at 557-558; People v. Butler, 138 A.D.2d 615). Mollen, P.J., Thompson, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. Williams

Appellate Division of the Supreme Court of New York, Second Department
Mar 6, 1989
148 A.D.2d 479 (N.Y. App. Div. 1989)
Case details for

People v. Williams

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY WILLIAMS…

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

Date published: Mar 6, 1989

Citations

148 A.D.2d 479 (N.Y. App. Div. 1989)

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