Public-domain · open source
OpenJurist

41 Conn. App. 746

State v. Lekosky

Connecticut Appellate Court

Decided June 18, 1996

Connecticut Appellate Court · decided 1996-06-18

Cited by 2 later decisions — most recently August 2017

2 state decisions

Key passage — most relied on by later courts

“will not reweigh the evidence or resolve questions of credibility in determining whether the evidence was sufficient.”

quoted by 1 later decision, including 175 Conn. App. 739 - State v. Soto

Relies on State v. Sivri · 29 Conn. App. 694 - State v. Ogrinc

Good law ✅— No negative treatment on recordhow we know

Decided 1996-06-18

View the full empirical analysis of this case →

PER CURIAM.

¶1The defendant, Henry W. Lekosky, appeals from his conviction, after a jury trial, of the crime of possession of narcotics in violation of General Statutes § 21a-279 (a). The defendant asserts that the evidence was insufficient to support his conviction. We disagree.

¶2The jury heard testimony from two police officers both of whom stated that while they had the defendant under surveillance they saw him throw what they believed to be, and subsequently proved to be, an object containing crack cocaine into a planter, one of many lining the street on which the defendant and his friend were walking. The defendant’s friend, who on three prior occasions had been convicted of possession of cocaine, testified to the contrary.

¶3“In reviewing the sufficiency [of the evidence] claim, we apply a two-part test. First, we construe the evidence *747in the light most favorable to sustaining the verdict. Second, we determine whether, upon the facts so construed and the inferences reasonably drawn therefrom the jury reasonably could have concluded that the cumulative force of the evidence established guilt beyond a reasonable doubt.” (Internal quotation marks omitted.) State v. Sivri, 231 Conn. 115, 126, 646 A.2d 169 (1994).

¶4In the present case, the jury, in the exercise of its fact-finding function, believed the police officers and discredited the defendant’s companion. This court will not reweigh the evidence or resolve questions of credibility in determining whether the evidence was sufficient. State v. Ogrinc, 29 Conn. App. 694, 697, 617 A.2d 924 (1992).

¶5The judgment is affirmed.

/41/connapp/746 · .json · Public domain