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People v. Harrison

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 2006
28 A.D.3d 581 (N.Y. App. Div. 2006)

Opinion

2003-02103.

April 11, 2006.

Appeal by the defendant from a judgment of the County Court, Nassau County (Lapera, J.), rendered February 7, 2003, convicting him of criminal possession of a weapon in the third degree (three counts), upon a jury verdict, and imposing sentence.

Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Christopher M. Cevasco of counsel), for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Karen Wigle Weiss and Cristin N. Connell of counsel), for respondent.

Before: Miller, J.P., Crane, Luciano and Rivera, JJ., concur.


Ordered that the judgment is affirmed.

The trial court properly precluded alibi testimony where the defendant failed to demonstrate good cause for his untimely alibi notice ( see CPL 250.20, [3]; People v. Tucker, 21 AD3d 387, 388; People v. Bonner, 287 AD2d 728).

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 trier of fact, 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 was not against the weight of the evidence ( see CPL 470.15).

The defendant's remaining contentions are without merit.


Summaries of

People v. Harrison

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 2006
28 A.D.3d 581 (N.Y. App. Div. 2006)
Case details for

People v. Harrison

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES HARRISON…

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

Date published: Apr 11, 2006

Citations

28 A.D.3d 581 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 2784
813 N.Y.S.2d 204

Citing Cases

People v. Crevelle

We disagree (cf. People v. Harrison, 28 A.D.3d 581, 813 N.Y.S.2d 204 ; People v. Tucker, 21 A.D.3d 387, 388,…

People v. Crevelle

We disagree (cf. People v Harrison, 28 AD3d 581; People v Tucker, 21 AD3d 387, 388). A construction of the…