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People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2005
18 A.D.3d 667 (N.Y. App. Div. 2005)

Opinion

2002-03556.

May 16, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered April 9, 2002, convicting him of sodomy in the first degree (three counts), aggravated sexual abuse in the third degree, sexual abuse in the first degree, robbery in the first degree, burglary in the first degree, and assault in the second degree, upon a jury verdict, and imposing sentence.

Before: Prudenti, P.J., Adams, Rivera and Fisher, JJ., concur.


Ordered that the judgment is affirmed.

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 NY 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 AD2d 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 sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).


Summaries of

People v. Burgos

Appellate Division of the Supreme Court of New York, Second Department
May 16, 2005
18 A.D.3d 667 (N.Y. App. Div. 2005)
Case details for

People v. Burgos

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE M. BURGOS…

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

Date published: May 16, 2005

Citations

18 A.D.3d 667 (N.Y. App. Div. 2005)
794 N.Y.S.2d 684

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