People v. Martinez
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Douglass, J.), rendered December 2, 1993, convicting him of unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
During the early morning hours of May 13,1993, a Brooklyn police officer discovered the defendant asleep in an automobile which had been reported stolen. On appeal, the defendant contends that his conviction for unauthorized use of this vehicle was against the weight of the evidence because the complainant’s testimony that he forcibly stole the car was incredible, and must necessarily have been rejected by the jury which acquitted him of robbery. We disagree.
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
The defendant’s remaining contention is unpreserved for appellate review. Bracken, J. P., Joy, Friedmann and Krausman, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.