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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 467 (N.Y. App. Div. 1998)

Opinion

November 16, 1998

Appeal from the Supreme Court, Queens County (Rosenzweig, 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 is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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). 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). 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).

We find no merit to the defendant's Rosario claim regarding a missing tape of a telephone call to the 911 emergency number. The tape was not a written or recorded statement made by a witness called at trial, and therefore did not constitute Rosario material ( see, CPL 240.45; People v. Rosario, 9 N.Y.2d 286, cert denied 368 U.S. 866; People v. Williams, 229 A.D.2d 603, 604). Moreover, although the defense did not receive a police officer's handwritten report until after the opening statements were completed, the defense counsel conceded that there was no bad faith on the part of the prosecutor and failed to show any prejudice to the defendant ( see, People v. Banch, 80 N.Y.2d 610; People v. Brister, 239 A.D.2d 513, 514).

The defendant's sentence was not excessive ( see, People v Suitte, 90 A.D.2d 80). His remaining contentions are without merit.

Rosenblatt, J. P., Miller, Thompson and Joy, JJ., concur.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1998
255 A.D.2d 467 (N.Y. App. Div. 1998)
Case details for

People v. Thomas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE THOMAS…

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

Date published: Nov 16, 1998

Citations

255 A.D.2d 467 (N.Y. App. Div. 1998)
682 N.Y.S.2d 219

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