Opinion
May 30, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered June 9, 1998, convicting him of assault in the first degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Before: Mangano, P.J., Thompson, Krausman and Feuerstein, JJ.
Ordered that the judgment is affirmed.
The defendant's claim of legal insufficiency is unpreserved for appellate review ( see, People v. Udzinski, 146 A.D.2d 245) and, in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 A.D.2d 620), we find that it was legally sufficient to establish the defendant's guilt of assault in the first degree and reckless endangerment in the first degree beyond a reasonable doubt. The defendant shot an unarmed man in the back as he was running away from the defendant. The victim and two eyewitnesses to the incident testified to the circumstances of the shooting and identified the defendant as the shooter.
Moreover, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15). Resolution of issues of credibility, as well as the weight accorded the evidence presented, are primarily questions to be determined by the jury, which heard and saw the witnesses ( see, People v. Gaimari, 176 N.Y. 84). 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).
The trial court properly ruled that evidence that the defendant sold drugs to the victim's associate just prior to the shooting was admissible. It was necessary to complete the narrative of the episode, and to enable the jury to understand the sequence of the events ( see, People v. Gines, 36 N.Y.2d 932; People v. Russo, 173 A.D.2d 576).