People v. Arthur

Appellate Division of the Supreme Court of New York

People v. Arthur

301 A.D.2d 657, 753 N.Y.S.2d 877

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

DecidedJanuary 27, 2003

StatusPublished

This text of 301 A.D.2d 657 (People v. Arthur) 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. Arthur, 301 A.D.2d 657, 753 N.Y.S.2d 877 (N.Y. Ct. App. 2003).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered March 20, 2001, convicting him of criminal possession of a weapon in the third degree and reckless endangerment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

[658]*658Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), 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). 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). 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. Prudenti, P.J., Ritter, Luciano and H. Miller, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered March 20, 2001, convicting him of criminal possession of a weapon in the third degree and reckless endangerment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

[658]*658Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), 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). 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). 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. Prudenti, P.J., Ritter, Luciano and H. Miller, JJ., concur.

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Bluebook (online)

301 A.D.2d 657, 753 N.Y.S.2d 877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-arthur-nyappdiv-2003.

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