Opinion
October 13, 1998
Appeal from the Supreme Court, Kings County (Dabiri, J.).
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, who saw and heard the witnesses ( see, People v. Gaimari, 176 N.Y. 84, 94). The fact-finder's 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, 88). 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).
The record supports the trial court's conclusions that the defendant intended to inflict, and the complainant sustained, "serious physical injury" (Penal Law § 120.10), and that the defendant's use of deadly physical force was not justified.
Pizzuto, J. P., Joy, Florio and Luciano, JJ., concur.