Opinion
August 10, 1992
Appeal from the Supreme Court, Queens County (Pitaro, J.).
Ordered that the judgment is affirmed.
We find the defendant's contention that the People failed to prove his guilt beyond a reasonable doubt because of inconsistencies in the testimony of some of the prosecution witnesses to be without merit. 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 should not be disturbed unless clearly unsupported by the record (see, People v. Garafolo, 44 A.D.2d 86, 88). Similarly without merit is the defendant's contention that the fact that the complainant was addicted to crack cocaine at the time of the incident rendered her testimony incredible as a matter of law (see, People v. Mustafa, 126 A.D.2d 674). We note that the jury was made well aware of the complainant's background during both direct and cross-examination. We see no reason to disturb the jury's determination in the present case. 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 beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15).
We also reject the defendant's argument that reversal is warranted due to the prosecutor's improper insinuation during her summation that the defendant may have perjured himself during the trial. The very specific curative instruction delivered by the court effectively dissipated any resulting prejudice (see, People v. Ashwal, 39 N.Y.2d 105).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
We have examined the defendant's remaining contentions and find them to be unpreserved for appellate review, and, in any event, without merit. Harwood, J.P., O'Brien, Ritter and Copertino, JJ., concur.