AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WALTER LIPSON, Appellant.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to sustain the defendant's conviction of attempted burglary in the second degree. The defendant was observed attempting to gain entry to the subject premises. When the police apprehended the defendant at the scene he was found in possession of two knives, a screwdriver, a flashlight and a pronged, fork-like object. The arresting officer testified that the recovered implements were consistent with tools used in break-ins. Moreover, when advised of the crime with which he was being charged the defendant responded "You can't lock me up, I didn't get in yet". The totality of evidence permits no reasonable hypothesis except that of the defendant's guilt (see, e.g., People v. Kitlitz, 141 A.D.2d 565; People v. Briggs, 111 A.D.2d 340; People v. Eason, 111 A.D.2d 829). The jury apparently chose to discount the defendant's explanation for his presence at the premises he attempted to enter, i.e., that he needed to use the bathroom. 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). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Mangano, P.J., Thompson, Lawrence and O'Brien, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. LIPSON
(Sep 17, 1990)