People v. Soler

Appellate Division of the Supreme Court of New York

People v. Soler

8 A.D.3d 505, 778 N.Y.S.2d 315, 2004 N.Y. App. Div. LEXIS 8407

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

DecidedJune 14, 2004

StatusPublished

This text of 8 A.D.3d 505 (People v. Soler) 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. Soler, 8 A.D.3d 505, 778 N.Y.S.2d 315, 2004 N.Y. App. Div. LEXIS 8407 (N.Y. Ct. App. 2004).

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Opinion

Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered April 9, 2001, convicting him of attempted rape in the first degree and falsely reporting an incident in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to prove his guilt of attempted rape in the first degree is not preserved for appellate review (see CEL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]). In any event, viewing the [506]*506evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 trier of fact, which saw and heard the witnesses (see People v Gaimari, 176 NY 84, 94 [1903]). 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, 88 [1974]). 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 [1982]). Santucci, J.P., S. Miller, Schmidt and Fisher, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered April 9, 2001, convicting him of attempted rape in the first degree and falsely reporting an incident in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to prove his guilt of attempted rape in the first degree is not preserved for appellate review (see CEL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]). In any event, viewing the [506]*506evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 trier of fact, which saw and heard the witnesses (see People v Gaimari, 176 NY 84, 94 [1903]). 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, 88 [1974]). 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 [1982]). Santucci, J.P., S. Miller, Schmidt and Fisher, JJ., concur.

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Bluebook (online)

8 A.D.3d 505, 778 N.Y.S.2d 315, 2004 N.Y. App. Div. LEXIS 8407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-soler-nyappdiv-2004.

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