People v. Bower

Appellate Division of the Supreme Court of New York

People v. Bower

223 A.D.2d 719, 637 N.Y.S.2d 935, 1996 N.Y. App. Div. LEXIS 629

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

DecidedJanuary 29, 1996

StatusPublished

Cited by1 cases

This text of 223 A.D.2d 719 (People v. Bower) 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. Bower, 223 A.D.2d 719, 637 N.Y.S.2d 935, 1996 N.Y. App. Div. LEXIS 629 (N.Y. Ct. App. 1996).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Seybert, J.), rendered November 18, 1993, convicting him of sodomy in the first degree (two counts) and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Resolution of issues of credibility, as well as the weight to be accorded 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). Its determination is entitled to great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86). 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]). Moreover, the defendant’s sentence was not illegal (see, People v Brathwaite, 63 NY2d 839).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Pizzuto, Goldstein and Florio, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Seybert, J.), rendered November 18, 1993, convicting him of sodomy in the first degree (two counts) and sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Resolution of issues of credibility, as well as the weight to be accorded 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). Its determination is entitled to great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86). 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]). Moreover, the defendant’s sentence was not illegal (see, People v Brathwaite, 63 NY2d 839).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Pizzuto, Goldstein and Florio, JJ., concur.

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Bluebook (online)

223 A.D.2d 719, 637 N.Y.S.2d 935, 1996 N.Y. App. Div. LEXIS 629, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bower-nyappdiv-1996.

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