PEOPLE OF MI V GINO FRANCIESCO ACCETTOLA

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED September 19, 1997 Plaintiff-Appellee, v No. 194740 Macomb Circuit Court LC No. 95-001666-FH GINO FRANCIESCO ACCETTOLA, Defendant-Appellant. Before: Markman, P.J., and McDonald and Fitzgerald, JJ. PER CURIAM. Defendant appeals as of right his bench trial conviction of false pretenses over $100, MCL 750.218; MSA 28.415. Defendant pleaded guilty to being an habitual offender, third offense, MCL 769.11, MSA 28.1083, and was sentenced to two and one-half to twenty years’ imprisonment. Defendant appeals as of right. We affirm. Defendant’s contention that the verdict is against the great weight of the evidence is without merit. Defendant’s argument is premised on the assumption that the complainant’s testimony was unbelievable. However, credibility of a witness is a matter for the trier of fact to ascertain. People v Vaughn, 186 Mich App 376, 380; 465 NW2d 365 (1990). This Court will not resolve it anew. Id. Here, the trial court acknowledged that the complainant may not have been the most truthful witness. However, the trial court found the complainant’s testimony regarding the “major happenings” to be uncontradicted, substantial, and supported by the physical evidence. We find no error in this finding and conclude that the verdict was not against the great weight of the evidence. People v Herbert, 444 Mich 466, 475; 511 NW2d 654 (1993). Affirmed. /s/ Stephen J. Markman /s/ Gary R. McDonald /s/ E. Thomas Fitzgerald -1

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.