Opinion
1999-09662
Argued December 4, 2001.
December 24, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered September 14, 1999, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
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, the 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). The jury's determination should be accorded great weight on appeal and should not be disturbed unless it is 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's remaining contentions, raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (see, CPL 470.05).
RITTER, J.P., FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.