Opinion
July 26, 1993
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is affirmed.
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.
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 will 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).
The defendant opposed the dismissal of a juror who appeared to be asleep during the court's charge. Thus, his claim that the court erred in not dismissing the juror is unpreserved for appellate review (see, People v. Dees, 184 A.D.2d 652; People v Williams, 187 A.D.2d 398), and we decline to reach it in the exercise of our interest of justice jurisdiction.
We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Balletta, Lawrence and Copertino, JJ., concur.