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PEOPLE v. SANTOS

Appellate Division of the Supreme Court of New York, Second Department.
Jul 31, 2007
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Ordered that the judgment is affirmed.

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 conspiracy in the third degree beyond a reasonable doubt. Moreover, resolution of issues of credibility is primarily a matter to be determined by the jury, which saw and heard the witnesses, and its determination should be accorded great deference on appeal ( see People v Romero), 7 NY3d 633, 644-645; People v Mateo), 2 NY3d 383, 410, cert denied 542 US 946). Upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, supra).

The sentence imposed was not excessive ( see People v Suitte), 90 AD2d 80, 83).