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People v. Lucas

1 A.D.2d 381 Court N.Y. App. Div. Decision date 2003-11-03 English

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The People of the State of New York, Respondent, v Michael Lucas, Also Known as Michael Linton, Appellant.
[766 NYS2d 865]

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered May 24, 2000, convicting him of robbery in the first degree (two counts), robbery in the second degree, burglary in the second degree (two counts), and attempted robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally

p. 382
sufficient to establish the defendant’s guilt beyond a reasonable doubt. 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 trier of fact, which saw and heard the witnesses (see People v Gaimari, 176 NY 84 , 94 [1903]). 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 [1974]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Smith, J.E, McGinity, H. Miller and Rivera, JJ., concur.

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