From Casetext: Smarter Legal Research

People v. Carr

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 521 (N.Y. App. Div. 1995)

Opinion

October 10, 1995

Appeal from the Supreme Court, Nassau County (Thorp, J.).


Ordered that the judgment is affirmed.

The defendant asserts that the evidence was insufficient to prove his guilt beyond a reasonable doubt. We disagree. Viewing the evidence adduced at trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt.

Moreover, resolution of issues of credibility, including issues involving the credibility of eyewitness identification testimony, 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. Caban, 120 A.D.2d 603). 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).

We have reviewed the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Bracken, Balletta and Hart, JJ., concur.


Summaries of

People v. Carr

Appellate Division of the Supreme Court of New York, Second Department
Oct 10, 1995
220 A.D.2d 521 (N.Y. App. Div. 1995)
Case details for

People v. Carr

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS CARR, Appellant

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

Date published: Oct 10, 1995

Citations

220 A.D.2d 521 (N.Y. App. Div. 1995)
632 N.Y.S.2d 483

Citing Cases

People v. Warren

"View[ing this evidence] in [a] light most favorable to the People" ( People v Williams, 84 NY2d 925, 926), a…