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People v. Strickler

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 631 (N.Y. App. Div. 1987)

Opinion

November 30, 1987

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


Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial in a light most favorable to the People (see, People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932; People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the defendant's conviction. The testimony of the defendant's accomplice was sufficiently corroborated by the testimony of other witnesses that the defendant had confessed to the commission of the arsons (see, People v. Shirley, 123 A.D.2d 407, lv denied 69 N.Y.2d 750).

In addition, 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 evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15).

Finally, the trial court did not improperly curtail the defense counsel's cross-examination of certain witnesses. Brown, J.P., Lawrence, Weinstein and Eiber, JJ., concur.


Summaries of

People v. Strickler

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 631 (N.Y. App. Div. 1987)
Case details for

People v. Strickler

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARLENE STRICKLER…

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

Date published: Nov 30, 1987

Citations

134 A.D.2d 631 (N.Y. App. Div. 1987)

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