People v. Betancourt

Appellate Division of the Supreme Court of New York

People v. Betancourt

289 A.D.2d 501, 735 N.Y.S.2d 417, 2001 N.Y. App. Div. LEXIS 12937

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

DecidedDecember 24, 2001

StatusPublished

This text of 289 A.D.2d 501 (People v. Betancourt) 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. Betancourt, 289 A.D.2d 501, 735 N.Y.S.2d 417, 2001 N.Y. App. Div. LEXIS 12937 (N.Y. Ct. App. 2001).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered September 14, 1999, convicting him of attempted murder in the second 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), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, the 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). The jury’s determination should be accorded great weight on appeal and should not be disturbed unless it is 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, raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (see, CPL 470.05 [2]). Ritter, J. P., Friedmann, Feuerstein and Crane, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered September 14, 1999, convicting him of attempted murder in the second 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), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, the 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). The jury’s determination should be accorded great weight on appeal and should not be disturbed unless it is 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, raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (see, CPL 470.05 [2]). Ritter, J. P., Friedmann, Feuerstein and Crane, JJ., concur.

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Bluebook (online)

289 A.D.2d 501, 735 N.Y.S.2d 417, 2001 N.Y. App. Div. LEXIS 12937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-betancourt-nyappdiv-2001.

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