People v. Jones , 803 N.Y.S.2d 920 ( 2005 )


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  • Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered October 24, 2002, convicting him of murder in the second degree and criminal possession of a weapon 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 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility, as *497well 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 [1903]). 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 [1974]). 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. S. Miller, J.P., Krausman, Goldstein and Covello, JJ., concur.

Document Info

Citation Numbers: 23 A.D.3d 496, 803 N.Y.S.2d 920

Filed Date: 11/14/2005

Precedential Status: Precedential

Modified Date: 1/12/2022