250 A.D.2d 628 672 N.Y.S.2d 752

The People of the State of New York, Respondent, v Rodney Pena, Appellant.

[672 NYS2d 752]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered May 31, 1996, convicting him of robbery in the first degree, burglary in the first degree, robbery in the second degree, and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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 (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]).

The sentence imposed is not excessive (see, People v Suitte, 90 AD2d 80). Thompson, J. P., Santucci, Friedmann and Florio, JJ., concur.

People v. Pena
250 A.D.2d 628 672 N.Y.S.2d 752

Case Details

Name
People v. Pena
Decision Date
May 4, 1998
Citations

250 A.D.2d 628

672 N.Y.S.2d 752

Jurisdiction
New York

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