Opinion
November 4, 1991
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the judgment is affirmed.
The evidence adduced by the People showed that on June 1, 1988, the defendant sold cocaine to an undercover officer from an apartment on Northern Boulevard in Corona, Queens. On June 14, 1988, a search pursuant to a warrant revealed drugs and drug paraphernalia in the apartment. Immediately before this search the defendant had been present in the apartment and had declined to sell the officer any additional drugs because she did not recognize him. Viewed in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620, 621), this evidence was legally sufficient to permit the inference that the defendant exercised dominion and control over the contraband discovered within the apartment (see, People v. Torres, 68 N.Y.2d 677; People v. Melendez, 160 A.D.2d 739, 740; People v. Rosa, 150 A.D.2d 623).
The defendant also claims that the undercover officer's identification testimony was not credible. However, 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 jury, 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). Thompson, J.P., Kunzeman, Eiber and Miller, JJ., concur.