(DOWNLOAD) "People v. Albert Althorne" by Supreme Court of New York # Book PDF Kindle ePub Free
eBook details
- Title: People v. Albert Althorne
- Author : Supreme Court of New York
- Release Date : January 20, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
DECISION & ORDER The defendant's contention that his guilt was not established beyond a reasonable doubt is without merit.
Although only one eyewitness testified at trial, her opportunity and ability to observe and remember was thoroughly tested
before the jury (cf., People v Arroyo, 54 N.Y.2d 567, 577-578, cert denied 456 US 979; People v Fisher, 143 A.D.2d 1037).
The jury determined that the witness accurately identified the defendant as the robber who fired a shot into the victim and
then demanded money from him. 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 A.D.2d 86, 88). Upon the exercise of our factual review power, we are satisfied that
the verdict was not against the weight of the evidence (CPL 470.15[5]). In light of defendant's record and the circumstances of the instant crime, we discern no basis for disturbing the sentence
imposed (see, People v Suitte, 90 A.D.2d 80).