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People v. Sostre

182 A.D.2d 788 Court N.Y. App. Div. Decision date 1992-04-20 English

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p. 788
The People of the State of New York, Respondent, v Marcos Sostre, Appellant.

Appeal by the defendant from a judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered July 22, 1988, convicting him of criminal possession of a weapon in the third degree (two counts), 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 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Any minor inconsistencies in the testimony of the People’s witnesses did not render their testimony incredible as a matter of law (see, People v Torres, 179 AD2d 696 ; People v Di Girolamo, 108 AD2d 755 ). Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily matters for the jury to determine (see, People v Gaimari, 176 NY 84 ). Its determination is to be accorded great deference on appeal and should not be disturbed absent a showing that it is clearly unsupported by the record (see, People v Garafolo, 44 AD2d 86 ). 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]). Sullivan, J. P., Lawrence, Eiber and Pizzuto, JJ., concur.

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