Opinion
1999-06278
Submitted November 13, 2001
December 3, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered June 28, 1999, convicting him of robbery in the second degree, robbery in the third degree, grand larceny in the fourth degree, criminal possession of stolen property in the fourth degree, and aggravated unlicensed operation of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Jonathan Garelick of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N Y (John M. Castellano and Lisa Drury of counsel; John F. McGoldrick on the brief), for respondent.
Before: DAVID S. RITTER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, SONDRA MILLER, JJ.
DECISION ORDER
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 (see, People v. Santiago, 62 A.D.2d 572, affd 48 N.Y.2d 1023; People v. Huggins, 228 A.D.2d 241; cf., People v. Middleton, 212 A.D.2d 809; People v. Lumpkin, 173 A.D.2d 738).
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 trier of fact, 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 of guilt was not against the weight of the evidence (see, CPL 470.15).
RITTER, J.P., KRAUSMAN, GOLDSTEIN and S. MILLER, JJ., concur.