From Casetext: Smarter Legal Research

People v. Sanders

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 601 (N.Y. App. Div. 1999)

Opinion

February 16, 1999

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


Ordered that the judgment is affirmed.

The defendant contends that the verdict of guilt is against the weight of the evidence because the testimony of the People's identification witnesses was internally inconsistent and inherently incredible. We disagree. 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 should 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 verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

Contrary to the defendant's contention, he was not deprived of his right to the, effective assistance of counsel. The evidence, the law, and the circumstances of the case, viewed as a whole as of the time of the representation, reveal that the defense counsel provided meaningful representation ( see, People v. Ford, 86 N.Y.2d 397, 404; People v. Baldi, 54 N.Y.2d 137, 147).

The defendant's sentence is 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.

Mangano, P. J., Sullivan, Joy and Altman, JJ., concur.


Summaries of

People v. Sanders

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1999
258 A.D.2d 601 (N.Y. App. Div. 1999)
Case details for

People v. Sanders

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY SANDERS…

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

Date published: Feb 16, 1999

Citations

258 A.D.2d 601 (N.Y. App. Div. 1999)
686 N.Y.S.2d 442

Citing Cases

Sanders v. Walsh

Sanders' conviction was affirmed on appeal by the Appellate Division of the Second Department on February 16,…