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People v. Woodson

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 368 (N.Y. App. Div. 1998)

Opinion

December 7, 1998

Appeal from the Supreme Court, Suffolk County (Leis, J.).


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that he was denied his constitutional and statutory right to a speedy trial ( see, CPL 30.20, 30.30 Crim. Proc.; People v. Taranovich, 37 N.Y.2d 442; People v. Anderson, 66 N.Y.2d 529).

The defendant also contends that the testimony of the complainant and another prosecution witness were incredible as a matter of law. However, viewing the evidence 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 the defendant's guilt. 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 trier of fact, 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 was not against the weight of the evidence ( see, CPL 470.15).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions do not warrant reversal.

Rosenblatt, J.P., Miller, Altman and Friedmann, JJ., concur.


Summaries of

People v. Woodson

Appellate Division of the Supreme Court of New York, Second Department
Dec 7, 1998
256 A.D.2d 368 (N.Y. App. Div. 1998)
Case details for

People v. Woodson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL D. WOODSON…

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

Date published: Dec 7, 1998

Citations

256 A.D.2d 368 (N.Y. App. Div. 1998)
682 N.Y.S.2d 361

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