Opinion
Submitted May 16, 2000
August 15, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered November 7, 1996, convicting him of petit larceny (two counts), upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Bonnie C. Brennan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel), for respondent.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, ANITA R. FLORIO, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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, 96). 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 of guilt was not against the weight of the evidence (see, CPL 470.15). The defendant's contention that the jury could not have found him guilty of one count of petit larceny because the testimony necessary to establish that offense had been rejected by the jury in connection with the burglary counts, of which he was acquitted, is speculative and unpersuasive (see, People v. Goodfriend, 64 N.Y.2d 695).