Summary
In Leonard v. Garrett, 128 La. 535, 54 So. 984, this court held that civil possession follows possession by occupancy until ousted by adverse actual possession.
Summary of this case from Manson Realty Company, v. PlaisanceOpinion
September 18, 1995
Appeal from the Supreme Court, Queens County (Buchter, 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. 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 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 was not against the weight of the evidence (see, CPL 470.15).
The defendant's complaints with respect to the prosecutor's summation are unpreserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, any error was harmless in light of the overwhelming evidence of guilt (see, People v Galloway, 54 N.Y.2d 396, 399).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). The defendant's remaining contention is without merit (see, People v Rua, 198 A.D.2d 311, 312; People v Gaines, 212 A.D.2d 727). Bracken, J.P., Balletta, Pizzuto and Hart, JJ., concur.