Opinion
February 10, 1992
Appeal from the Supreme Court, Queens County (Leahy, 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 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 the evidence, 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 was not against the weight of the evidence (CPL 470.15).
The defendant also contends that the court's alibi charge deprived him of a fair trial. Since trial counsel failed to specifically object to the court's alibi charge, this contention is not preserved for appellate review (see, People v. McCallum, 157 A.D.2d 861; People v. Green, 154 A.D.2d 616) and we decline to review it in the exercise our interest of justice jurisdiction. Bracken, J.P., Lawrence, Miller and Copertino, JJ., concur.