People v. Betancourt , 735 N.Y.S.2d 417 ( 2001 )


Menu:
  • Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered September 14, 1999, convicting him of attempted murder 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 legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, the 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). The jury’s determination should be accorded great weight on appeal and should not be disturbed unless it is 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, raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (see, CPL 470.05 [2]). Ritter, J. P., Friedmann, Feuerstein and Crane, JJ., concur.

Document Info

Citation Numbers: 289 A.D.2d 501, 735 N.Y.S.2d 417

Filed Date: 12/24/2001

Precedential Status: Precedential

Modified Date: 1/13/2022