Opinion
October 10, 1995
Appeal from the Supreme Court, Queens County (Rotker, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to prove his identity beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), it is legally sufficient to support the defendant's conviction. Moreover, resolution of issues of credibility and 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). Balletta, J.P., Rosenblatt, Ritter and Pizzuto, JJ., concur.