Opinion
2000-09222
Submitted January 16, 2003.
March 3, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered September 12, 2000, convicting him of robbery in the first degree, burglary in the first degree, robbery in the second degree, assault in the second degree, and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence. Presiding Justice Prudenti has been substituted for the late Justice O'Brien (see 22 NYCRR 670.1[c]).
Joseph Stalonas, New York, N.Y. (Michael P. Joseph of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Noreen Healey of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., SANDRA J. FEUERSTEIN, LEO F. McGINITY, HOWARD MILLER, JJ.
DECISION ORDER
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 was 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 was not against the weight of the evidence (see CPL 470.15).
The defendant received the effective assistance of counsel (see People v. Baldi, 54 N.Y.2d 137; People v. Myers, 220 A.D.2d 461). Defense counsel was not "obligated to present defenses or to make assertions that in the case before us would have been baseless, spurious, or unethical" (People v. DeFreitas, 213 A.D.2d 96, 97; see People v. Del Campo, 281 A.D.2d 279; People v. Edwards, 265 A.D.2d 220).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, are without merit.
PRUDENTI, P.J., FEUERSTEIN, McGINITY and H. MILLER, JJ., concur.