People v. Faulk
| Decision Date | 29 February 1988 |
| Citation | 525 N.Y.S.2d 292,137 A.D.2d 830 |
| Parties | The PEOPLE, etc., Respondent, v. Quinton FAULK, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Stephen J. Pittari, White Plains (Robert W. Stieve of counsel), for appellant.
Carl A. Vergari, Dist. Atty., White Plains (John J. Gibson and Joseph M. Latino, of counsel), for respondent.
Before MOLLEN, P.J., and BRACKEN, SPATT and SULLIVAN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the County Court, Westchester County (Nicolai, J.), rendered April 2, 1987, convicting him of grand larceny in the third degree and criminal mischief in the third degree, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
Initially, we find that the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. The defendant contends that the trial court, as fact-finder, failed to give proper weight to the testimony of his witnesses, which if accepted, established that he was not at the scene of the crime. However, 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 fact-finder and great deference is accorded to the fact-finder's opportunity to view the witnesses, hear the testimony and observe demeanor ( see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672; see also, People v. Gaimari, 176 N.Y. 84, 94, 68 N.E.2d 112). 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, 353 N.Y.S.2d 500). The court relied upon the testimony of two police officers who knew the defendant and identified him as the perpetrator. Upon the exercise of our factual review power, after weighing the conflicting testimony, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15[5] ).
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