Appellate Division of the Supreme Court of New York, 2000

People v. Terry

People v. Terry
Appellate Division of the Supreme Court of New York · Decided November 20, 2000
277 A.D.2d 405; 716 N.Y.S.2d 330; 2000 N.Y. App. Div. LEXIS 12177
People v. Terry

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered January 10, 1997, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the verdict was legally insufficient is unpreserved for appellate review (see, GPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Resolution of issues of cred*406ibility, 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 without merit. O’Brien, J. P., Thompson, H. Miller and Schmidt, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.