Opinion
May 4, 1998
Appeal from the Supreme Court, Queens County (Rios, J.).
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 is legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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 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). Upon the exercise of our factual review power, we are satisfied that the verdict, of guilt is not against the weight of the evidence (see, CPL 470.15).
Reversal is not required on the basis of prosecutorial misconduct (e.g., People v. Galloway, 54 N.Y.2d 396).
Bracken, J.P., Thompson, Pizzuto and Florio, JJ., concur.