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People v. Thom

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1987
132 A.D.2d 584 (N.Y. App. Div. 1987)

Opinion

July 6, 1987

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


Ordered that the judgment is affirmed.

The issue of the credibility of the witnesses and the weight to be afforded their testimony was within the province of the jury (see, People v. Di Girolamo, 108 A.D.2d 755, lv denied 64 N.Y.2d 1133). Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed by the court did not constitute an abuse of discretion, and the defendant has demonstrated no reason for this court to substitute its own discretion for that of the sentencing court (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are unpreserved for review (see, People v. Dordal, 55 N.Y.2d 954, 956, rearg dismissed 61 N.Y.2d 759; People v. Thomas, 50 N.Y.2d 467; People v Liccione, 50 N.Y.2d 850, 851, rearg denied 51 N.Y.2d 770; People v. Garrido, 123 A.D.2d 784, 785, lv denied 69 N.Y.2d 711). Brown, J.P., Eiber, Kunzeman and Sullivan, JJ., concur.


Summaries of

People v. Thom

Appellate Division of the Supreme Court of New York, Second Department
Jul 6, 1987
132 A.D.2d 584 (N.Y. App. Div. 1987)
Case details for

People v. Thom

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LENNOX THOM, Appellant

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

Date published: Jul 6, 1987

Citations

132 A.D.2d 584 (N.Y. App. Div. 1987)
517 N.Y.S.2d 431

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