Opinion
April 20, 1992
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the judgment is affirmed.
The defendant was convicted, on an acting in concert theory (Penal Law § 20.00; see also, People v Migliore, 171 A.D.2d 696), of criminal sale of a controlled substance in the third degree (Penal Law § 220.39), for selling crack cocaine. Viewing the evidence adduced at trial in a light most favorable to the People (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 the evidence presented, are primarily questions to be determined by the trial court 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 (CPL 470.15). The defendant, who was arrested in a so-called "buy and bust" operation, claims that he was a victim of mistaken identification. However, the undercover officer's testimony, his on-the-scene identification of the defendant, and the defendant's wearing of a distinctive maroon cap, all belie this assertion. Mangano, P.J., Miller, O'Brien and Santucci, JJ., concur.