People v. Kleiniesel

Appellate Division of the Supreme Court of New York

People v. Kleiniesel

289 A.D.2d 509, 735 N.Y.S.2d 413, 2001 N.Y. App. Div. LEXIS 13011

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

DecidedDecember 24, 2001

StatusPublished

Cited by1 cases

This text of 289 A.D.2d 509 (People v. Kleiniesel) 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. Kleiniesel, 289 A.D.2d 509, 735 N.Y.S.2d 413, 2001 N.Y. App. Div. LEXIS 13011 (N.Y. Ct. App. 2001).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered November 22, 1999, convicting him of burglary in the second degree and petit larceny, after a nonjury trial, 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), 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 finder of fact, which saw and heard the witnesses (see, People v Gaimari, 176 NY 84). 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). 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]). Ritter, J. P., Friedmann, Feuerstein and Crane, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered November 22, 1999, convicting him of burglary in the second degree and petit larceny, after a nonjury trial, 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), 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 finder of fact, which saw and heard the witnesses (see, People v Gaimari, 176 NY 84). 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). 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]). Ritter, J. P., Friedmann, Feuerstein and Crane, JJ., concur.

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Bluebook (online)

289 A.D.2d 509, 735 N.Y.S.2d 413, 2001 N.Y. App. Div. LEXIS 13011, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kleiniesel-nyappdiv-2001.

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