Opinion
2001-05067
December 5, 2002.
December 23, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered May 23, 2001, convicting him of attempted arson in the second degree, reckless endangerment in the first degree, and criminal contempt in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (V. Marika Meis of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Donna Aldea of counsel; Daniel Bresnahan on the brief), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his conviction was not supported by legally sufficient evidence is unpreserved for appellate review, as the defendant merely made a general motion for a trial order of dismissal based upon the People's failure to make out a prima facie case (see CPL 470.05; People v. Polk, 284 A.D.2d 416; People v. Wells, 272 A.D.2d 562). In any event, 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. The claimed inconsistencies in the victim's testimony and her alleged motivation to lie were fully explored at trial. 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 trier of fact, which saw and heard the witnesses (see People v. Gaimari, 176 N.Y. 84, 94). Its determination should be afforded 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).
FLORIO, J.P., FRIEDMANN, McGINITY and TOWNES, JJ., concur.