People v. Harper

Appellate Division of the Supreme Court of New York

People v. Harper

187 A.D.2d 452, 590 N.Y.S.2d 740, 1992 N.Y. App. Div. LEXIS 12504

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

DecidedNovember 2, 1992

StatusPublished

This text of 187 A.D.2d 452 (People v. Harper) 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. Harper, 187 A.D.2d 452, 590 N.Y.S.2d 740, 1992 N.Y. App. Div. LEXIS 12504 (N.Y. Ct. App. 1992).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered November 17, 1988, convicting him of criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence at the trial in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, 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 [453]*453AD2d 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 sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Bracken, J. P., Sullivan, Balletta and Copertino, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered November 17, 1988, convicting him of criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence at the trial in the light most favorable to the People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, 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 [453]*453AD2d 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 sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Bracken, J. P., Sullivan, Balletta and Copertino, JJ., concur.

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Bluebook (online)

187 A.D.2d 452, 590 N.Y.S.2d 740, 1992 N.Y. App. Div. LEXIS 12504, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harper-nyappdiv-1992.

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