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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1994
204 A.D.2d 736 (N.Y. App. Div. 1994)

Opinion

May 31, 1994

Appeal from the Supreme Court, Kings County (Feinberg, J.).


Ordered that the judgment is affirmed.

The defendant stands convicted of stabbing his girlfriend to death. On appeal, the defendant contends that his guilt was not proven beyond a reasonable doubt because of inconsistencies in the testimony of the People's witnesses. However, the defendant has failed to preserve this contention for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence 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 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 jury, 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). Thompson, J.P., Rosenblatt, Pizzuto and Florio, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
May 31, 1994
204 A.D.2d 736 (N.Y. App. Div. 1994)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DAVIS, Appellant

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

Date published: May 31, 1994

Citations

204 A.D.2d 736 (N.Y. App. Div. 1994)
612 N.Y.S.2d 423

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