AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Advocates
Judges

THE PEOPLE, ETC., respondent, v. DWAYNE HARRIS, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant possessed a loaded and operable firearm (see Penal Law § 265.00; People v. Cavines, 70 N.Y.2d 882; People v. Solis, 214 A.D.2d 689) and attempted to assault the complainant (see People v. Kassebaum, 95 N.Y.2d 611, cert denied 532 U.S. 1069). 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 jury, which saw and heard the witnesses (see People v. Gaimari, 176 N.Y. 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 A.D.2d 86, 88). 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).

SMITH, J.P., H. MILLER, COZIER and RIVERA, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. HARRIS
(May 19, 2003)