People v. Brannon

Appellate Division of the Supreme Court of New York

People v. Brannon

278 A.D.2d 240, 716 N.Y.S.2d 604, 2000 N.Y. App. Div. LEXIS 12582

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

DecidedDecember 4, 2000

StatusPublished

This text of 278 A.D.2d 240 (People v. Brannon) 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. Brannon, 278 A.D.2d 240, 716 N.Y.S.2d 604, 2000 N.Y. App. Div. LEXIS 12582 (N.Y. Ct. App. 2000).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosengarten, J.), rendered February 19, 1999, convicting him of the criminal sale of a controlled substance in the third 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, 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 NY2d 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]). Bracken, J. P., O’Brien, Santucci and McGinity, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosengarten, J.), rendered February 19, 1999, convicting him of the criminal sale of a controlled substance in the third 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, 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 NY2d 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]). Bracken, J. P., O’Brien, Santucci and McGinity, JJ., concur.

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Bluebook (online)

278 A.D.2d 240, 716 N.Y.S.2d 604, 2000 N.Y. App. Div. LEXIS 12582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-brannon-nyappdiv-2000.

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