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People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1997
242 A.D.2d 640 (N.Y. App. Div. 1997)

Opinion

September 22, 1997

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


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( 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, 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).

"It is well settled that the factual findings and credibility determinations of the hearing court are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record" ( People v. Smith, 238 A.D.2d 451; see, People v. Prochilo, 41 N.Y.2d 759; People v. Rose, 204 A.D.2d 745). We find that the hearing minutes support the court's denial of those branches of the defendant's omnibus motion which were to suppress statements made by the defendant to law enforcement officials and identification testimony ( see, People v. Norris, 122 A.D.2d 82, 83).

The defendant's sentence was not excessive ( see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Copertino, J.P., Thompson, Santucci and Friedmann, JJ., concur.


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Sep 22, 1997
242 A.D.2d 640 (N.Y. App. Div. 1997)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FERNANDO GORDON…

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

Date published: Sep 22, 1997

Citations

242 A.D.2d 640 (N.Y. App. Div. 1997)
664 N.Y.S.2d 750

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