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People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1994
210 A.D.2d 508 (N.Y. App. Div. 1994)

Opinion

December 27, 1994

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


Ordered that the judgment is affirmed.

The issue of the legal sufficiency of the evidence is not preserved for appellate review (see, CPL 470.05). In any event, viewing the evidence adduced at trial in the light most favorable to the People (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, resolution of issues of credibility, as well as the weight to be accorded the evidence, are primarily questions to be determined by the jury, which saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84). Its determination is entitled to great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 A.D.2d 86). 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).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. Rosenblatt, J.P., Miller, Santucci and Florio, JJ., concur.


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1994
210 A.D.2d 508 (N.Y. App. Div. 1994)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH MARTINEZ…

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

Date published: Dec 27, 1994

Citations

210 A.D.2d 508 (N.Y. App. Div. 1994)
620 N.Y.S.2d 995

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