People v. Cobb

Appellate Division of the Supreme Court of New York

People v. Cobb

284 A.D.2d 475, 726 N.Y.S.2d 572

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

DecidedJune 18, 2001

StatusPublished

This text of 284 A.D.2d 475 (People v. Cobb) 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. Cobb, 284 A.D.2d 475, 726 N.Y.S.2d 572 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered June 1, 1999, convicting him of robbery in the first degree (three counts), grand larceny in the fourth degree, criminal possession of a weapon in the fourth degree, and intimidating a victim 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 (People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Soulia, 263 AD2d 869). Moreover, upon the exercise of our factual review power, we are satisfied that verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact, 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 Fetter, 201 AD2d 500; People v Garafolo, 44 AD2d 86, 88).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Florio, H. Miller and Crane, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered June 1, 1999, convicting him of robbery in the first degree (three counts), grand larceny in the fourth degree, criminal possession of a weapon in the fourth degree, and intimidating a victim 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 (People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Soulia, 263 AD2d 869). Moreover, upon the exercise of our factual review power, we are satisfied that verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact, 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 Fetter, 201 AD2d 500; People v Garafolo, 44 AD2d 86, 88).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Florio, H. Miller and Crane, JJ., concur.

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Bluebook (online)

284 A.D.2d 475, 726 N.Y.S.2d 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cobb-nyappdiv-2001.

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