285 A.D.2d 563 727 N.Y.S.2d 903

The People of the State of New York, Respondent, v John Pipkin, Appellant.

[727 NYS2d 903]

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered September 24, 1999, convicting him of criminal sale of a controlled substance in the third 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, 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 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]). Ritter, J. P., McGinity, Luciano and Feuerstein, JJ., concur.

People v. Pipkin
285 A.D.2d 563 727 N.Y.S.2d 903

Case Details

Name
People v. Pipkin
Decision Date
Jul 16, 2001
Citations

285 A.D.2d 563

727 N.Y.S.2d 903

Jurisdiction
New York

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