People v. Ackridge

Appellate Division of the Supreme Court of New York

People v. Ackridge

22 A.D.3d 593, 801 N.Y.S.2d 760

Appellate Division of the Supreme Court of the State of New York·Decided October 11, 2005·Published·Cited by 2 cases

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Walker, J.), rendered October 8, 2003, convicting him of criminal contempt in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, 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 NY 84, 94 [1903]). 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 AD2d 86, 88 [1974]). 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 [5]).

The defendant’s remaining contentions are without merit. Adams, J.P., Krausman, Fisher and Lifson, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Westchester County (Walker, J.), rendered October 8, 2003, convicting him of criminal contempt in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, 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 NY 84, 94 [1903]). 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 AD2d 86, 88 [1974]). 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 [5]).

The defendant’s remaining contentions are without merit. Adams, J.P., Krausman, Fisher and Lifson, JJ., concur.

People v. Ackridge, 22 A.D.3d 593, 801 N.Y.S.2d 760 (N.Y. Ct. App. 2005).

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Opinion

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