Opinion
November 27, 1995
Appeal from the Supreme Court, Queens County (Demakos, 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. Although the People's witness viewed the defendant for only a short amount of time, it was sufficient to support his identification of the defendant (see, People v Hyatt, 162 A.D.2d 713; People v Androvett, 135 A.D.2d 640). 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 jury, which saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84; People v Nieves, 203 A.D.2d 390; People v Androvett, supra; People v Caldwell, 125 A.D.2d 402; People v Rosa, 125 A.D.2d 345). 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 was not deprived of his right to counsel at the pre-accusatory lineup (see, People v LaClere, 76 N.Y.2d 670; People v Coates, 74 N.Y.2d 244; People v Cherry, 161 A.D.2d 185).
The defendant's remaining contentions are without merit. O'Brien, J.P., Santucci, Joy and Friedmann, JJ., concur.