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People v. Spencer

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 466 (N.Y. App. Div. 1991)

Opinion

February 4, 1991

Appeal from the County Court, Nassau County (Mackston, J.).


Ordered that the judgment is affirmed.

The defendant contends that his guilt was not proven beyond a reasonable doubt in view of the claimed inconsistencies in the People's case. We find there was legally sufficient evidence to support the defendant's conviction. 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 was not against the weight of the evidence (see, CPL 470.15).

The defendant's contention that he was deprived of a fair trial due to the comments made by the prosecutor during summation is not preserved for appellate review (see, People v Balls, 69 N.Y.2d 641; People v Anderson, 161 A.D.2d 719; People v Munoz, 157 A.D.2d 863). In any event, we find that the prosecutor's comments did not deprive the defendant of a fair trial (see, People v Madera, 167 A.D.2d 485).

We have considered the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Mangano, P.J., Bracken, Sullivan and Miller, JJ., concur.


Summaries of

People v. Spencer

Appellate Division of the Supreme Court of New York, Second Department
Feb 4, 1991
170 A.D.2d 466 (N.Y. App. Div. 1991)
Case details for

People v. Spencer

Case Details

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

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

Date published: Feb 4, 1991

Citations

170 A.D.2d 466 (N.Y. App. Div. 1991)