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People v. Belli

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 640 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Queens County (Harbater, J.).


Ordered that the judgment is affirmed.

The defendant's contention that his guilt was not proven beyond a reasonable doubt because the testimony of two of the People's witnesses was incredible is without merit. 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 beyond a reasonable doubt. 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 finder 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 was not against the weight of the evidence (see, CPL 470.15). Lawrence, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.


Summaries of

People v. Belli

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 640 (N.Y. App. Div. 1994)
Case details for

People v. Belli

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE BELLI…

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

Date published: Oct 11, 1994

Citations

208 A.D.2d 640 (N.Y. App. Div. 1994)
618 N.Y.S.2d 246

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