People v. Hardie

Appellate Division of the Supreme Court of New York

People v. Hardie

256 A.D.2d 419, 682 N.Y.S.2d 625, 1998 N.Y. App. Div. LEXIS 13383

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

DecidedDecember 14, 1998

StatusPublished

This text of 256 A.D.2d 419 (People v. Hardie) 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. Hardie, 256 A.D.2d 419, 682 N.Y.S.2d 625, 1998 N.Y. App. Div. LEXIS 13383 (N.Y. Ct. App. 1998).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered May 1, 1995, convicting him of criminal possession of a weapon 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 People (see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. The weight to be accorded to the evidence presented is primarily a question to be determined by the jury, which saw and heard the witnesses (see, People v Gaimari, 176 NY 84, 94; People v Hawkins, 248 AD2d 634). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Morris, 244 AD2d 361; People v Dominick, 243 AD2d 723; 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]). Rosenblatt, J. P., Ritter, Santucci and McGinity, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered May 1, 1995, convicting him of criminal possession of a weapon 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 People (see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. The weight to be accorded to the evidence presented is primarily a question to be determined by the jury, which saw and heard the witnesses (see, People v Gaimari, 176 NY 84, 94; People v Hawkins, 248 AD2d 634). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v Morris, 244 AD2d 361; People v Dominick, 243 AD2d 723; 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]). Rosenblatt, J. P., Ritter, Santucci and McGinity, JJ., concur.

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Bluebook (online)

256 A.D.2d 419, 682 N.Y.S.2d 625, 1998 N.Y. App. Div. LEXIS 13383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-hardie-nyappdiv-1998.

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