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People v. Marshall, King

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 702 (N.Y. App. Div. 1996)

Opinion

June 24, 1996

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


Ordered that the judgments are affirmed.

The defendants' claims as to the adequacy of the corroboration of the accomplice's testimony and the alleged failure of the court to give a charge regarding the operability of the weapons in question ( see, Penal Law § 160.15) are unpreserved for appellate review, and we decline to reach them in the exercise of our interest of justice jurisdiction (CPL 470.05; People v Cona, 49 N.Y.2d 26; People v. Lewis, 203 A.D.2d 389).

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 defendants' guilt beyond a reasonable doubt. 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 will 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 verdicts were not against the weight of the evidence ( see, CPL 470.15). Sullivan, J.P., Joy, Krausman and McGinity, JJ., concur.


Summaries of

People v. Marshall, King

Appellate Division of the Supreme Court of New York, Second Department
Jun 24, 1996
228 A.D.2d 702 (N.Y. App. Div. 1996)
Case details for

People v. Marshall, King

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENDERSON MARSHALL and…

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

Date published: Jun 24, 1996

Citations

228 A.D.2d 702 (N.Y. App. Div. 1996)
644 N.Y.S.2d 975

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