Opinion
March 15, 1993
Appeal from the County Court, Westchester County (Silverman J.).
Ordered that the judgment is affirmed.
The evidence adduced at the Huntley hearing established that the incriminating statements made by the defendant to the arresting officers, to wit, "It wasn't me, it was Butch" and "I was there, but I didn't do it" were spontaneous, and not made as a result of police questioning or coercion (see, People v Rivers, 56 N.Y.2d 476).
Viewing the evidence at trial in a light most favorable to the People (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the conviction. 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, who 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 was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are unpreserved for appellate review or without merit. Bracken, J.P., Lawrence, Eiber and Pizzuto, JJ., concur.