178 A.D.2d 496

The People of the State of New York, Respondent, v Gary Morgan, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leahy, J.), rendered May 15, 1989, convicting him of burglary in the first degree, assault in the second degree, aggravated harassment in the second degree, resisting arrest, and tampering with a witness in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the People failed to prove his guilt beyond a reasonable doubt. Viewing the evidence adduced at trial in the light most favorable to the prosecution *497(see, People v Contes, 60 NY2d 620, 621), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. 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 was not against the weight of the evidence (see, CPL 470.15 [5]). Harwood, J. P., Balletta, Rosenblatt and Copertino, JJ., concur.

People v. Morgan
178 A.D.2d 496

Case Details

Name
People v. Morgan
Decision Date
Dec 9, 1991
Citations

178 A.D.2d 496

Jurisdiction
New York

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