Opinion
November 27, 1995
Appeal from the Supreme Court, Westchester County (Colabella, J.).
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, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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 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, 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 defendant has not preserved for appellate review his contention that certain comments made by the trial court during defense counsel's summation indicated its bias, thus constituting reversible error ( see, People v Broom, 200 A.D.2d 515, 516; People v Rivera, 176 A.D.2d 449, 450; People v Udzinski, 146 A.D.2d 245, 250; People v Palmer, 143 A.D.2d 469, 470). In any event, this contention is without merit. The trial court's professional familiarity with and respect for a witness and the court's comment as to his expertise were not inherently prejudicial to the defendant ( see, People v Zavaro, 138 A.D.2d 430; see also generally, People v Moreno, 70 N.Y.2d 403; People v Dazi, 195 A.D.2d 571; People v Jones, 143 A.D.2d 465). Also, under the circumstances of this case and in light of the overwhelming evidence of guilt, any error by the court by its comments was harmless (see, People v Crimmins, 36 N.Y.2d 230). Balletta, J.P., Ritter, Copertino and Pizzuto, JJ., concur.