Opinion
April 25, 1997
Present — Green, J.P., Pine, Lawton, Doerr and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the verdict is against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). The incorrect initial estimate of defendant's height by the eyewitness raised an issue of credibility for the jury ( see, People v. White, 192 A.D.2d 736, 737, lv denied 81 N.Y.2d 1082). "Resolutions 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" ( People v. White, supra, at 737; see, People v. Lopez, 231 A.D.2d 934).
The sentence is neither unlawful ( see, People v. Youngs, 212 A.D.2d 1001, lv denied 85 N.Y.2d 982) nor unduly harsh or severe. (Appeal from Judgment of Erie County Court, Drury, J. — Criminal Possession Marihuana, 2nd Degree.)