People v. Johnson

228 A.D.2d 699, 644 N.Y.2d 973, 644 N.Y.S.2d 973, 1996 N.Y. App. Div. LEXIS 7388

Opinion

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.

The defendant’s claim that the testimony of the People’s witnesses is unreliable raises issues of credibility. 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). The jury’s 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]).

The sentence imposed was not excessive (see, People v Delgado, 80 NY2d 780; People v Young, 157 AD2d 812; People v Suitte, 90 AD2d 80). Rosenblatt, J. P., Ritter, Copertino and Joy, JJ., concur.