Public-domain · open source
OpenJurist

168 A.D.2d 579

People v. Moore

Appellate Division of the Supreme Court of the State of New York · decided 1990-12-17

Decided 1990-12-17

¶1Appeal by the defendant from a judgment of the County Court, Nassau County (Thorp, J.), rendered February 8, 1989, convicting him of burglary in the second degree, criminal possession of stolen property in the fifth degree and resisting arrest, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

¶4Resolution 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 NY 84, 94). Its determination should be accorded great weight and appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86, 88). 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 [5]).

¶5The defendant’s remaining contentions are either unpreserved for our review or without merit. Kooper, J. P., Fiber, Sullivan and Balletta, JJ., concur.

/168/ad2d/579 · .json · Public domain