Opinion
October 21, 1996.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered November 23, 1994, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Before: Miller, J.P., Ritter, Krausman and Florio, JJ.
Ordered that the judgment is affirmed.
The issue of the legal sufficiency of the evidence is unpreserved for appellate review ( see, CPL 470.05). In any event, viewing the evidence in the light most favorable to the People ( see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, 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). 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 NY 84). The jury's determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see, People v Garafolo, 44 AD2d 86, 88).
The defendant's sentence was not excessive ( see, People v Suitte, 90 AD2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.