Opinion

People v. Brown

  • 222 A.D.2d 445
  • 635 N.Y.S.2d 39
  • 1995 N.Y. App. Div. LEXIS 12505
Court
Appellate Division of the Supreme Court of the State of New York
Filed
Dec 4, 1995
Status
Published
Cited by
1 cases
Authority
More cited than 70.9%

The opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered February 15, 1994, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

*446 Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, 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 NY 84, 94 ). 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 AD2d 86, 88 ). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). Thompson, J. P., Altman, Krausman and Goldstein, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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