Appellate Division of the Supreme Court of New York, 1996

People v. Montey

People v. Montey
Appellate Division of the Supreme Court of New York · Decided August 5, 1996 · Hart, Pizzuto, Ritter, Rosenblatt
230 A.D.2d 755; 646 N.Y.S.2d 451; 1996 N.Y. App. Div. LEXIS 8200
People v. Montey

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered January 10, 1994, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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, 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 defendant’s remaining contentions are either unpreserved for appellate review or without merit.

Rosenblatt, J. P., Ritter, Pizzuto and Hart, JJ., concur.

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