People v. Hubbs
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered January 5, 2000, convicting him of burglary in the third degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
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 NY 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported…
2Cases cited3 opinions
- People v. . GaimariNew York Court of Appeals · 1903
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. CradleAppellate Division of the Supreme Court of the State of New York · 1991