Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

PEOPLE v. PEREZ

Appellate Division of the Supreme Court of New York, Second Department.
Dec 2, 1999
Important Paras
Please sign up to view Important Paras.
DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the recovery by the police of, inter alia, a baseball bat, which appeared to be bloody, from under a dumpster near where the defendant was standing with six other men, as well as the recovery of a gun and knives, established probable cause to arrest the defendant (see, People v. White, 232 A.D.2d 437 ; People v. Brown, 215 A.D.2d 333 ;People v. Johnson, 102 A.D.2d 616 ).

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 N.Y. 84, 94 ; People v. Newell, 173 A.D.2d 864 ). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v. Garafalo, 44 A.D.2d 86 ). 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 defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05[2]; People v. Persaud, 237 A.D.2d 538 ), and in any event, without merit.

THOMPSON, J.P., JOY, KRAUSMAN, and GOLDSTEIN, JJ., concur.