Opinion
2004-1318 QCR.
Decided May 23, 2006.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Fernando M. Camacho, J.), rendered July 30, 2004. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree and harassment in the second degree.
Judgment of conviction affirmed.
PRESENT: PESCE, P.J., RIOS and BELEN, JJ.
The People's proof showed that defendant became verbally abusive and committed specific acts of violence towards complainant. Viewing all of the evidence in a light most favorable to the People ( see People v. Contes, 60 NY2d 620, 621), we determine that it was legally sufficient to establish defendant's guilt of attempted assault in the third degree and harassment in the second degree beyond a reasonable doubt ( see Penal Law §§ 10.00; 110.00, 120.00 [1]; 240.26 [1]; People v. Bowen, 17 AD3d 1054; People v. Brodus, 307 AD2d 643).
Although defendant offered testimony and other evidence calling into question the complainant's credibility and the People's version of the incident, we note that ". . . 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" ( People v. Feliciano, ___ AD3d ___, 2006 NY Slip Op 02559; see also People v. Gaimari, 176 NY 84). The trial court's determination is to be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( People v. Feliciano, ___ AD3d ___, 2006 NY Slip Op 02559, supra; People v. Garafolo, 44 AD2d 86). Upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence.
Pesce, P.J., Rios and Belen, JJ., concur.