People v Wilkinson (Jeffrey)

[*1] People v Wilkinson (Jeffrey) 2006 NY Slip Op 51655(U) [13 Misc 3d 126(A)] Decided on July 27, 2006 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 27, 2006
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., ANGIOLILLO and LIPPMAN, JJ
2004-1299 N CR.

The People of the State of New York, Respondent,

against

Jeffrey Wilkinson Appellant.

Appeal from a judgment of the District Court of Nassau County, First District (Susan T. Kluewer, J.), rendered August 13, 2004. The judgment convicted defendant, upon a jury verdict, of obstructing governmental administration in the second degree and disorderly conduct.

Judgment of conviction affirmed.

Since defendant failed to move prior to the commencement of trial to dismiss the informations on the ground that he had been denied his right to a speedy trial pursuant to CPL 30.30, said claim was waived (see CPL 210.20 [1] [g]; People v Lawrence, 64 NY2d 200 [1984]; People v Parker, 233 AD2d 409 [1996]) and the lower court properly denied defendant's application for said relief which he made midway through the trial. Additionally, the court has discretion to grant continuances during trial (see People v Edwards, 3 AD3d 504 [2004], lv denied 2 NY3d 762 [2004]) and a request for a continuance does not establish that the People were not ready for trial.

Viewing the evidence in a light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, 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 [5]). Resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact, which had the opportunity to see and hear the witnesses (see People v Gaimari, 176 NY 84 [1903]). The jury's determination should be [*2]accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see People v Garafolo, 44 AD2d 86 [1974]).

Furthermore, the lower court providently exercised its discretion in refusing to admit into evidence the original informations and a copy of the Nassau County Police Department rules and regulations since defendant did not lay a proper foundation establishing the relevance of said documents (see People v Fronjian, 22 AD3d 244 [2005]). We note that although defendant argues that the lower court also erred in
failing to admit defendant's hospital records into evidence, a review of the trial transcript indicates that the court admitted said records into evidence during the testimony of defendant's mother, Karen Wilkinson.

Rudolph, P.J., Angiolillo and Lippman, JJ., concur.
Decision Date: July 27, 2006