Appellate Division of the Supreme Court of New York, 1998

People v. Myrick

People v. Myrick
Appellate Division of the Supreme Court of New York · Decided February 23, 1998 · Florio, Joy, Luciano, Thompson
247 A.D.2d 637; 668 N.Y.S.2d 486; 1998 N.Y. App. Div. LEXIS 1717
People v. Myrick

Opinion of the Court

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Sampson, J.), rendered March 14, 1996, convicting him of assault in the second 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), we find that it was *638legally 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, 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]).

Thompson, J. P., Joy, Florio and Luciano, JJ., concur.

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