Opinion
November 22, 1993
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the judgments are affirmed.
Viewing the evidence adduced at the trial of Indictment No. 90-00329 in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Furthermore, resolution of issues of credibility, as well as the weight accorded to the evidence presented, are primarily questions for the jury, which heard and saw 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 (see, CPL 470.15).
Regarding the defendant's claim of ineffective assistance of counsel, the question is whether, viewed in totality, the defense counsel provided meaningful representation (see, People v Benn, 68 N.Y.2d 941; People v Badia, 159 A.D.2d 577). Ineffective assistance of counsel may not be premised solely upon an unsuccessful trial strategy by defense counsel (see, People v Sullivan, 153 A.D.2d 223). While the decision to stipulate that it was the defendant's voice on the tape recording of the drug sale may have been ill advised in retrospect, the defense counsel's assistance was not constitutionally ineffective merely because his strategic choices turned out to be unsuccessful (see, People v Campbell, 162 A.D.2d 161).
The sentences imposed were not excessive (see, People v Suitte, 90 A.D.2d 80). Eiber, J.P., O'Brien, Santucci and Joy, JJ., concur.