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People v. Caraway

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 493 (N.Y. App. Div. 1995)

Opinion

May 8, 1995

Appeal from the Supreme Court, Kings County (Quinones, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant contends that the People's witness should not have been believed by the jury. However, 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, 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 A.D.2d 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 (CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal. Balletta, J.P., Copertino, Altman and Goldstein, JJ., concur.


Summaries of

People v. Caraway

Appellate Division of the Supreme Court of New York, Second Department
May 8, 1995
215 A.D.2d 493 (N.Y. App. Div. 1995)
Case details for

People v. Caraway

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYNARD CARAWAY…

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

Date published: May 8, 1995

Citations

215 A.D.2d 493 (N.Y. App. Div. 1995)
627 N.Y.S.2d 565

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