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People v. Worthy

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1993
190 A.D.2d 876 (N.Y. App. Div. 1993)

Opinion

February 22, 1993

Appeal from the Supreme Court, Westchester County (Colabella, J.).


Ordered that the judgment is affirmed.

Viewing the evidence adduced at the trial 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. 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 who saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84, 94; Matter of Bernard J., 171 A.D.2d 794; People v Huber, 156 A.D.2d 469). That 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 verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

We have reviewed the defendant's remaining contention and find it to be without merit (see, People v Moreno, 70 N.Y.2d 403, 406; People v Latella, 112 A.D.2d 324). Bracken, J.P., Eiber, Ritter and Santucci, JJ., concur.


Summaries of

People v. Worthy

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1993
190 A.D.2d 876 (N.Y. App. Div. 1993)
Case details for

People v. Worthy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY WORTHY, Appellant

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

Date published: Feb 22, 1993

Citations

190 A.D.2d 876 (N.Y. App. Div. 1993)
593 N.Y.S.2d 128

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