People v. Johnson

• Decision Date: 24 January 2000
• Citation: 701 N.Y.S.2d 648
• Parties: 2000 N.Y. Slip Op. 800 The PEOPLE, etc., respondent, v. Erik JOHNSON, appellant.
• Court: New York Supreme Court — Appellate Division

Page 648

701 N.Y.S.2d 648

2000 N.Y. Slip Op. 800

The PEOPLE, etc., respondent, v. Erik JOHNSON, appellant.

Supreme Court, Appellate Division,

Second Department, New York.

Jan. 24, 2000.

Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Florence M. Sullivan, and Karen Marcus of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered October 14, 1998, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, Penal Law § 265.03; People v. Perez, 130 A.D.2d 595, 596, 515 N.Y.S.2d 303; see also, People v. Coluccio, 170 A.D.2d 523, 524, 566 N.Y.S.2d 87; People v. Richardson, 97 A.D.2d 693, 694, 468 N.Y.S.2d 114). 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. Baxter, 157 A.D.2d 788, 550 N.Y.S.2d 387; People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 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). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15 ).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

O'BRIEN, J.P., KRAUSMAN, FLORIO, and McGINITY, JJ., concur.