People
v.
Hall

Appellate Division of the Supreme Court of New York, Second DepartmentFeb 4, 2003
753 N.Y.S.2d 903 (N.Y. App. Div. 2003)
753 N.Y.S.2d 903302 A.D.2d 406

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2000-02356

Argued January 10, 2003.

February 4, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered March 6, 2000, convicting him of murder in the first degree, burglary in the third degree, and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.

Before: FLORIO, J.P., FEUERSTEIN, FRIEDMANN, RIVERA, JJ.


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 of murder in the first degree beyond a reasonable doubt (see Penal Law § 125.27[a][vii]; see also People v. Allaway, 246 A.D.2d 661). Furthermore, 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 verdict of guilt was not against the weight of the evidence (see CPL 470.15).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

FLORIO, J.P., FEUERSTEIN, FRIEDMANN and RIVERA, JJ., concur.