People v. Morant

Appellate Division of the Supreme Court of New York

People v. Morant

276 A.D.2d 646, 714 N.Y.S.2d 893

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

DecidedOctober 16, 2000

StatusPublished

This text of 276 A.D.2d 646 (People v. Morant) 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. Morant, 276 A.D.2d 646, 714 N.Y.S.2d 893 (N.Y. Ct. App. 2000).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered July 24, 1996, convicting him of attempted murder in the first degree, aggravated assault upon a police officer, assault in the second degree, criminal possession of a weapon in the second degree, and 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 prosecution (see, People v Contes, 60 NY2d 620; People v Manning, 199 AD2d 621), 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, [647]*647People 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 defendant’s remaining contention is without merit (see, People v Townes, 41 NY2d 97). O’Brien, J. P., Altman, Krausman and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered July 24, 1996, convicting him of attempted murder in the first degree, aggravated assault upon a police officer, assault in the second degree, criminal possession of a weapon in the second degree, and 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 prosecution (see, People v Contes, 60 NY2d 620; People v Manning, 199 AD2d 621), 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, [647]*647People 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 defendant’s remaining contention is without merit (see, People v Townes, 41 NY2d 97). O’Brien, J. P., Altman, Krausman and Goldstein, JJ., concur.

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Bluebook (online)

276 A.D.2d 646, 714 N.Y.S.2d 893, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morant-nyappdiv-2000.

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