Opinion
November 20, 1989
Appeal from the Supreme Court, Kings County (Aiello, J.).
Ordered that the judgment is affirmed.
The defendant's contention that his guilt was not established beyond a reasonable doubt is without merit. Although only one eyewitness testified at trial, her opportunity and ability to observe and remember was thoroughly tested before the jury (cf., People v Arroyo, 54 N.Y.2d 567, 577-578, cert denied 456 U.S. 979; People v Fisher, 143 A.D.2d 1037). The jury determined that the witness accurately identified the defendant as the robber who fired a shot into the victim and then demanded money from him. 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 was not against the weight of the evidence (CPL 470.15).
In light of defendant's record and the circumstances of the instant crime, we discern no basis for disturbing the sentence imposed (see, People v Suitte, 90 A.D.2d 80). Brown, J.P., Eiber, Harwood and Rosenblatt, JJ., concur.