Opinion
Submitted October 5, 2000
October 30, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered October 23, 1996, convicting him of robbery in the first degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Bryan Lonegan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of the crimes of which he was convicted is unpreserved for appellate review (see, People v. Udzinski, 146 A.D.2d 245), and in any event, without merit. Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 A.D.2d 620), it was legally sufficient to establish the defendant's guilt of robbery in the first degree and attempted murder in the second degree. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the jury, which heard and saw the witnesses (see, People v. Gaimari, 176 N.Y. 84). 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). Upon the exercise of our factual review power, the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).