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People v. Walton

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 951 (N.Y. App. Div. 1997)

Opinion

April 25, 1997

Present — Green, J.P., Pine, Lawton, Doerr and Fallon, JJ.


Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the verdict is against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The incorrect initial estimate of defendant's height by the eyewitness raised an issue of credibility for the jury ( see, People v. White, 192 A.D.2d 736, 737, lv denied 81 N.Y.2d 1082). "Resolutions 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" ( People v. White, supra, at 737; see, People v. Lopez, 231 A.D.2d 934).

The sentence is neither unlawful ( see, People v. Youngs, 212 A.D.2d 1001, lv denied 85 N.Y.2d 982) nor unduly harsh or severe. (Appeal from Judgment of Erie County Court, Drury, J. — Criminal Possession Marihuana, 2nd Degree.)


Summaries of

People v. Walton

Appellate Division of the Supreme Court of New York, Fourth Department
Apr 25, 1997
238 A.D.2d 951 (N.Y. App. Div. 1997)
Case details for

People v. Walton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIN L. WALTON…

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

Date published: Apr 25, 1997

Citations

238 A.D.2d 951 (N.Y. App. Div. 1997)
661 N.Y.S.2d 561