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People v. Spencer

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 824 (N.Y. App. Div. 1995)

Opinion

August 28, 1995

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


Ordered that the judgment is affirmed.

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 defendant's guilt beyond a reasonable doubt.

The defendant's claim that the testimony of certain witnesses is unreliable raises issues of credibility, which are primarily questions to be determined by the jury since it saw and heard the witnesses (see, People v. Nieves, 143 A.D.2d 229). The jury's determination is to be accorded great weight on appeal and should not be disturbed absent a showing that it is clearly unsupported by the record (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v. Hunt, 177 A.D.2d 649). 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).

We have considered the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Thompson, Ritter and Florio, JJ., concur.


Summaries of

People v. Spencer

Appellate Division of the Supreme Court of New York, Second Department
Aug 28, 1995
218 A.D.2d 824 (N.Y. App. Div. 1995)
Case details for

People v. Spencer

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERMAN SPENCER…

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

Date published: Aug 28, 1995

Citations

218 A.D.2d 824 (N.Y. App. Div. 1995)
631 N.Y.S.2d 256

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