Opinion
2001-07351.
December 29, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered July 31, 2001, as amended April 2, 2003, convicting him of attempted criminal possession of a weapon in the third degree (three counts) and resisting arrest, after a nonjury trial, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Jessica L. Melton of counsel), for respondent.
Before: ROBERT W. SCHMIDT and REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment, as amended, is affirmed.
The defendant contends that the evidence was legally insufficient to establish his guilt of the crimes of attempted criminal possession of a weapon in the third degree and resisting arrest. However, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), 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; People v. Sinatra, 205 A.D.2d 647; People v. Williams, 148 A.D.2d 479). 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 of guilt was not against the weight of the evidence ( see CPL 470.15).
The appellant's remaining contentions are without merit.
SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.