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People v. Balacky

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1994
203 A.D.2d 471 (N.Y. App. Div. 1994)

Opinion

April 18, 1994

Appeal from the County Court, Westchester County (Silverman, J.).


Ordered that the judgment is affirmed.

The defendant contends that the People failed to establish his guilt beyond a reasonable doubt inasmuch as the testimony of the victim was inconsistent and contradictory. However, viewing the evidence in the light most favorable to the prosecution, we find that it is legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v Contes, 60 N.Y.2d 620, 621). Issues of credibility are primarily for the trial court and its determination is entitled to great weight (see, People v Garafolo, 44 A.D.2d 86). That determination should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, supra). Here, the court's findings are supported by the record. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict is not against the weight of the evidence (see, CPL 470.15).

In view of the defendant's lack of remorse, the heinous nature of the crime, and its effect on the victim, it cannot be said that the sentence that was imposed is unduly harsh or excessive (see, People v Suitte, 90 A.D.2d 80).

We have considered defendant's remaining contentions, including those found in his supplemental pro se brief, and find them to be either unpreserved for appellate review or without merit. Bracken, J.P., Miller, O'Brien and Altman, JJ., concur.


Summaries of

People v. Balacky

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1994
203 A.D.2d 471 (N.Y. App. Div. 1994)
Case details for

People v. Balacky

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN BALACKY, Appellant

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

Date published: Apr 18, 1994

Citations

203 A.D.2d 471 (N.Y. App. Div. 1994)
611 N.Y.S.2d 14

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