People v. Ortiz — 180 A.D.2d 653

Majority

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The People of the State of New York, Respondent, v David Ortiz, Also Known as John Ortiz, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (Silverman, J.), rendered May 5, 1988, convicting him of assault in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

In this case arising out of an altercation between the defendant, an inmate at a State prison, and a corrections officer, we find that contrary to the defendant’s contentions, the prosecution proved the defendant’s guilt beyond a reasonable doubt. 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 of assault in the second degree beyond a reasonable doubt and to disprove the defense of justification beyond a reasonable doubt (see, Penal Law § 120.05 [7]).

Resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to

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be determined by the trier of facts, 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 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]). Balletta, J. P., Miller, Ritter and Copertino, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 653
People v. Garafolo 44 AD2d 86 N.Y. App. Div. 1974-03-25 at 88 p. 654