People v. Farwell

Appellate Division of the Supreme Court of New York

People v. Farwell

272 A.D.2d 625, 708 N.Y.S.2d 627, 2000 N.Y. App. Div. LEXIS 5980

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

DecidedMay 30, 2000

StatusPublished

This text of 272 A.D.2d 625 (People v. Farwell) 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. Farwell, 272 A.D.2d 625, 708 N.Y.S.2d 627, 2000 N.Y. App. Div. LEXIS 5980 (N.Y. Ct. App. 2000).

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Opinion

- — Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered January 10, 1997, convicting him of assault in the first degree (two counts), 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. 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either without merit or do not require reversal. Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.

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- — Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered January 10, 1997, convicting him of assault in the first degree (two counts), 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. 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either without merit or do not require reversal. Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.

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Bluebook (online)

272 A.D.2d 625, 708 N.Y.S.2d 627, 2000 N.Y. App. Div. LEXIS 5980, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-farwell-nyappdiv-2000.

Opinion

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