From Casetext: Smarter Legal Research

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 2008
47 A.D.3d 833 (N.Y. App. Div. 2008)

Opinion

No. 2005-05253.

January 22, 2008.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered May 16, 2005, convicting him of robbery in the first degree and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Daniel Bresnahan of counsel), for respondent.

Before: Rivera, J.P., Spolzino, Carni and McCarthy, JJ.


Ordered that the judgment is affirmed.

As a threshold matter, the defendant's legal sufficiency argument is unpreserved for appellate review, as he failed to raise it before the trial court in his motion to dismiss ( see People v Williams, 38 AD3d 576). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Contrary to the defendant's contention, the evidence, even in the absence of medical testimony, was legally sufficient to sustain a finding of "impairment of physical condition or substantial pain" (Penal Law § 10.00) necessary to support a finding of physical injury ( see People v Thomas, 195 AD2d 581; People v Esquilin, 141 AD2d 838).

Furthermore, the verdict was not against the weight of the evidence. Resolution of issues of credibility is primarily a matter to be determined by the jury, which saw and heard the witnesses, and its determination should be accorded great deference on appeal ( see People v Romero, 7 NY3d 633, 644-645; People v Mateo, 2 NY3d 383, 410; People v Trot-man, 39 AD3d 881). Upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).

The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.


Summaries of

People v. Gordon

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 2008
47 A.D.3d 833 (N.Y. App. Div. 2008)
Case details for

People v. Gordon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JASON GORDON, Appellant

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

Date published: Jan 22, 2008

Citations

47 A.D.3d 833 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 524
849 N.Y.S.2d 168

Citing Cases

Gordon v. Graham

The Appellate Division affirmed Gordon's convictions and sentence. People v. Gordon, 47 A.D.3d 833 (N.Y. App.…

People v. Williams

Contrary to the defendant's contention, the evidence was legally sufficient to establish that the defendant…