Opinion
1998-06378.
Submitted October 20, 2003.
November 24, 2003.
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 16, 1998, convicting him of rape in the first degree and sexual abuse in the third degree, upon a jury verdict, and imposing sentence.
Anthony Dellicarri, Suffern, N.Y., for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann Sullivan and Stephanie A. Small of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
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 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 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). 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 has not preserved for appellate review his remaining contention that the verdicts were inconsistent ( see CPL 470.05). In any event, the argument is without merit ( see People v. Palmer, 272 A.D.2d 891).
FLORIO, J.P., FRIEDMANN, H. MILLER and MASTRO, JJ., concur.