Opinion
Submitted February 23, 2001.
March 19, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered April 6, 1998, convicting him of assault the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Joseph Lavine of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Anastasia Spanakos of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Mayorga, 273 A.D.2d 480; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of the crime of assault in the second degree based on an accomplice theory beyond a reasonable doubt (see, People v. Allah, 71 N.Y.2d 830). 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 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 evidence was not against the weight of the evidence (see, CPL 470.15).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, are either without merit or do not require reversal.