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People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1995
215 A.D.2d 418 (N.Y. App. Div. 1995)

Opinion

May 1, 1995

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


Ordered that the judgment is affirmed.

The jury determined that the defendant was in possession of cocaine at the scene of the "buy and bust" operation (see, People v Sierra, 45 N.Y.2d 56; People v Marks, 179 A.D.2d 836; People v Randolph, 157 A.D.2d 866). 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). 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). 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).

In addition, the court did not improvidently exercise its discretion by permitting the People to reopen their case for the limited purpose of admitting an exhibit which had been marked for identification and offered but not received in evidence (see, CPL 260.30; People v Olsen, 34 N.Y.2d 349; People v Durden, 204 A.D.2d 480; People v Hinkley, 178 A.D.2d 800; People v Richiez, 173 A.D.2d 234; People v Ayers, 55 A.D.2d 783).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Balletta, Copertino and Hart, JJ., concur.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, Second Department
May 1, 1995
215 A.D.2d 418 (N.Y. App. Div. 1995)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL WALKER…

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

Date published: May 1, 1995

Citations

215 A.D.2d 418 (N.Y. App. Div. 1995)
626 N.Y.S.2d 966

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