From Casetext: Smarter Legal Research

People v. Dobey

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 2001
285 A.D.2d 655 (N.Y. App. Div. 2001)

Opinion

Submitted June 21, 2001.

July 30, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered January 11, 1999, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Michael Gore, and Christopher Ronk of counsel), for respondent.

Before: GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, ROBERT W. SCHMIDT, THOMAS A. ADAMS, JJ.


ORDERED that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to support his conviction because the testimony of his accomplice was not sufficiently corroborated (see CPL 60.22). However, the issue is unpreserved for appellate review (see, People v. Gray, 86 N.Y.2d 10; People v. Horrego, 280 A.D.2d 555; People v. Durant, 186 A.D.2d 673; People v. Coico, 176 A.D.2d 339; People v. Udzinski, 146 A.D.2d 245), as the defendant failed to move in the trial court for dismissal on this specific ground. In any event, the contention is without merit. The accomplice testimony was sufficiently corroborated by independent evidence which connected the defendant to the crime of which he was convicted (see, CPL 60.22; People v. Breland, 83 N.Y.2d 286; People v. Steinberg, 79 N.Y.2d 673; People v. White, 169 A.D.2d 798).

The defendant also contends that the verdict was against the weight of the evidence because the testimony of the defendant's accomplice and a corroborating witness was not credible. However, 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; People v. Garcia, 232 A.D.2d 578). 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 N.Y.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).

KRAUSMAN, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.


Summaries of

People v. Dobey

Appellate Division of the Supreme Court of New York, Second Department
Jul 30, 2001
285 A.D.2d 655 (N.Y. App. Div. 2001)
Case details for

People v. Dobey

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JONATHAN DOBEY, appellant

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

Date published: Jul 30, 2001

Citations

285 A.D.2d 655 (N.Y. App. Div. 2001)
728 N.Y.S.2d 394

Citing Cases

State v. Maelia

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for…

People v. Thorpe

Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion…