Opinion
2002-10478.
Decided June 14, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blackburne, J.), rendered November 15, 2002, convicting him of robbery in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Alexis A. Ascher of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Bradley R. Aronstam of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence of identification was legally insufficient is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinkski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish the defendant's identity beyond a reasonable doubt ( see Jackson v. Virginia, 443 U.S. 307; People v. Whalen, 59 N.Y.2d 273). Moreover, 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 defendant contends that the victim's identification of him was unreliable. However, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to determined by the trier of fact, which saw and heard 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. Garafalo, 44 A.D.2d 86).
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.