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People v. Manning

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 350 (N.Y. App. Div. 1998)

Opinion

June 1, 1998

Appeal from the Supreme Court, Queens County (Eng, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( 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 ( see, People v. Trappier, 87 N.Y.2d 55; People v. Rios, 230 A.D.2d 87; People v. Watson, 156 A.D.2d 403). Moreover, issues of credibility, as well as the weight to be accorded 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 will 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 ( see, CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit ( see, e.g., People v. Robinson, 218 A.D.2d 673, affd 88 N.Y.2d 1001).

Rosenblatt, J. P., Copertino, Santucci and Goldstein, JJ., concur.


Summaries of

People v. Manning

Appellate Division of the Supreme Court of New York, Second Department
Jun 1, 1998
251 A.D.2d 350 (N.Y. App. Div. 1998)
Case details for

People v. Manning

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BERNARD MANNING…

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

Date published: Jun 1, 1998

Citations

251 A.D.2d 350 (N.Y. App. Div. 1998)
673 N.Y.S.2d 1003

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