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People v. Sostre

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 788 (N.Y. App. Div. 1992)

Opinion

April 20, 1992

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment is affirmed.

Viewing the evidence 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. Any minor inconsistencies in the testimony of the People's witnesses did not render their testimony incredible as a matter of law (see, People v Torres, 179 A.D.2d 696; People v Di Girolamo, 108 A.D.2d 755). Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily matters for the jury to determine (see, People v Gaimari, 176 N.Y. 84). Its determination is to be accorded great deference on appeal and should not be disturbed absent a showing that it is 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). Sullivan, J.P., Lawrence, Eiber and Pizzuto, JJ., concur.


Summaries of

People v. Sostre

Appellate Division of the Supreme Court of New York, Second Department
Apr 20, 1992
182 A.D.2d 788 (N.Y. App. Div. 1992)
Case details for

People v. Sostre

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCOS SOSTRE…

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

Date published: Apr 20, 1992

Citations

182 A.D.2d 788 (N.Y. App. Div. 1992)
582 N.Y.S.2d 782

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