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People v. Pruitt

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1993
198 A.D.2d 529 (N.Y. App. Div. 1993)

Opinion

November 29, 1993

Appeal from the County Court, Nassau County (Harrington, J.).


Ordered that the judgment is affirmed.

The defendant's contention that his conviction was unsupported by the weight of the evidence lacks merit. The 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 exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

Finally, in view of his prior criminal history, the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Miller, Lawrence and Pizzuto, JJ., concur.


Summaries of

People v. Pruitt

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1993
198 A.D.2d 529 (N.Y. App. Div. 1993)
Case details for

People v. Pruitt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTHUR PRUITT…

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

Date published: Nov 29, 1993

Citations

198 A.D.2d 529 (N.Y. App. Div. 1993)
605 N.Y.S.2d 925