People v. Demery

Appellate Division of the Supreme Court of New York

People v. Demery

264 A.D.2d 447, 693 N.Y.S.2d 451, 1999 N.Y. App. Div. LEXIS 8670

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

DecidedAugust 16, 1999

StatusPublished

This text of 264 A.D.2d 447 (People v. Demery) 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. Demery, 264 A.D.2d 447, 693 N.Y.S.2d 451, 1999 N.Y. App. Div. LEXIS 8670 (N.Y. Ct. App. 1999).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered December 18, 1996, convicting [448]*448him of sexual abuse in the first degree and criminal possession of a weapon in the fourth 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 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). 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]; People v Pilich, 128 AD2d 903). Mangano, P. J., O’Brien, Sullivan and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered December 18, 1996, convicting [448]*448him of sexual abuse in the first degree and criminal possession of a weapon in the fourth 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 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). 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]; People v Pilich, 128 AD2d 903). Mangano, P. J., O’Brien, Sullivan and Goldstein, JJ., concur.

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264 A.D.2d 447, 693 N.Y.S.2d 451, 1999 N.Y. App. Div. LEXIS 8670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-demery-nyappdiv-1999.

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