Opinion
KA 01-01483
June 14, 2002.
Appeal from a judgment of Onondaga County Court (Walsh, J.), entered March 6, 2001, convicting defendant after a jury trial of, inter alia, perjury in the first degree.
FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (ROBERT P. RICKERT OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR PLAINTIFF-RESPONDENT.
PRESENT: PIGOTT, JR., P.J., PINE, HAYES, WISNER, AND HURLBUTT, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting her following a jury trial of perjury in the first degree (Penal Law § 210.15), attempted grand larceny in the second degree (§§ 110.00, 155.40 [1]), and insurance fraud in the second degree (§ 176.25). Contrary to defendant's contention, the verdict is not against the weight of the evidence. We cannot conclude that the testimony of the prosecution witnesses was incredible as a matter of law ( see People v. Drake, 247 A.D.2d 855, 856, lv denied 92 N.Y.2d 851), nor can we conclude that the jurors, "whose credibility determinations are accorded great deference" ( People v. Clark, 292 A.D.2d 816, 816-817 [Mar. 15, 2002]), failed to give the evidence the weight it should be accorded ( see People v. Bleakley, 69 N.Y.2d 490, 495).