People v. Comparetto

Appellate Division of the Supreme Court of New York

People v. Comparetto

150 A.D.2d 594, 541 N.Y.S.2d 462, 1989 N.Y. App. Div. LEXIS 7074

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

DecidedMay 15, 1989

StatusPublished

This text of 150 A.D.2d 594 (People v. Comparetto) 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. Comparetto, 150 A.D.2d 594, 541 N.Y.S.2d 462, 1989 N.Y. App. Div. LEXIS 7074 (N.Y. Ct. App. 1989).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered September 19, 1988, convicting him of assault in the second degree, obstructing governmental administration in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was found guilty of having assaulted a police officer who was attempting to ticket trucks owned by him. The defendant claims that the evidence against him was legally insufficient. We disagree. 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.

[595]*595The defendant also contends that the police officer complainant should not have been believed by the jury. However, 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, 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 was not against the weight of the evidence (CPL 470.15 [5]).

We have examined the defendant’s remaining contentions and find them to be either unpreserved for appellate review or without merit. Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Baker, J.), rendered September 19, 1988, convicting him of assault in the second degree, obstructing governmental administration in the second degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was found guilty of having assaulted a police officer who was attempting to ticket trucks owned by him. The defendant claims that the evidence against him was legally insufficient. We disagree. 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.

[595]*595The defendant also contends that the police officer complainant should not have been believed by the jury. However, 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, 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 was not against the weight of the evidence (CPL 470.15 [5]).

We have examined the defendant’s remaining contentions and find them to be either unpreserved for appellate review or without merit. Lawrence, J. P., Harwood, Balletta and Rosenblatt, JJ., concur.

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Bluebook (online)

150 A.D.2d 594, 541 N.Y.S.2d 462, 1989 N.Y. App. Div. LEXIS 7074, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-comparetto-nyappdiv-1989.

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