People v. McRae

Appellate Division of the Supreme Court of New York

People v. McRae

283 A.D.2d 443, 724 N.Y.S.2d 625, 2001 N.Y. App. Div. LEXIS 4713

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

DecidedMay 7, 2001

StatusPublished

Cited by1 cases

This text of 283 A.D.2d 443 (People v. McRae) 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. McRae, 283 A.D.2d 443, 724 N.Y.S.2d 625, 2001 N.Y. App. Div. LEXIS 4713 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered November 7, 1996, convicting him of [444]*444robbery in the first degree (two counts), robbery in the second degree (two counts), and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The 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 must 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 Suitte, 90 AD2d 80). O’Brien, J. P., S. Miller, Smith and Crane, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered November 7, 1996, convicting him of [444]*444robbery in the first degree (two counts), robbery in the second degree (two counts), and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The 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 must 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 Suitte, 90 AD2d 80). O’Brien, J. P., S. Miller, Smith and Crane, JJ., concur.

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Bluebook (online)

283 A.D.2d 443, 724 N.Y.S.2d 625, 2001 N.Y. App. Div. LEXIS 4713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcrae-nyappdiv-2001.

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