People v. Singh — 12 A.D.3d 537

Majority

p. 537

The People of the State of New York, Respondent, v Navdeep Singh, Appellant.

[785 NYS2d 466]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered September 15, 2003, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).

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 sufficient to establish the defendant’s guilt beyond a reasonable doubt (see Penal Law § 120.10 [1]; § 265.01 [2]). Morever, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be resolved by the jury, which saw and heard the evidence (see People v Gaimari, 176 NY 84 , 94 [1903]). Its determination should be afforded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see People v Garafolo, 44 AD2d 86 , 88 [1974]). The evidence

p. 538

included testimony that the defendant drew a knife and stabbed the unarmed victim in the chest. We discern no basis to disturb the jury’s resolution of the credibility issue and its rejection of the justification defense. 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]). Smith, J.P., Luciano, Rivera and Lifson, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 537
People v. Garafolo 44 AD2d 86 N.Y. App. Div. 1974-03-25 at 88 p. 537