People v. Alexandre

Appellate Division of the Supreme Court of New York

People v. Alexandre

254 A.D.2d 364, 678 N.Y.S.2d 729, 1998 N.Y. App. Div. LEXIS 10748

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 13, 1998

StatusPublished

This text of 254 A.D.2d 364 (People v. Alexandre) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alexandre, 254 A.D.2d 364, 678 N.Y.S.2d 729, 1998 N.Y. App. Div. LEXIS 10748 (N.Y. Ct. App. 1998).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dabiri, J.), rendered September 17, 1996, convicting her of assault in the first degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to [365]*365be determined by the trier of fact, who saw and heard the witnesses (see, People v Gaimari, 176 NY 84, 94). The fact-finder’s 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). 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 [5]).

The record supports the trial court’s conclusions that the defendant intended to inflict, and the complainant sustained, “serious physical injury” (Penal Law § 120.10 [1]), and that the defendant’s use of deadly physical force was not justified. Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dabiri, J.), rendered September 17, 1996, convicting her of assault in the first degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to [365]*365be determined by the trier of fact, who saw and heard the witnesses (see, People v Gaimari, 176 NY 84, 94). The fact-finder’s 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). 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 [5]).

The record supports the trial court’s conclusions that the defendant intended to inflict, and the complainant sustained, “serious physical injury” (Penal Law § 120.10 [1]), and that the defendant’s use of deadly physical force was not justified. Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.

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Bluebook (online)

254 A.D.2d 364, 678 N.Y.S.2d 729, 1998 N.Y. App. Div. LEXIS 10748, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alexandre-nyappdiv-1998.

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