Opinion
March 29, 1995
Appeal from the County Court, Nassau County (Jonas, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
Although we have previously determined that the evidence adduced at trial was legally sufficient to sustain the verdict (see, People v. Carmody, 203 A.D.2d 298), the defendant contends that the verdict was contrary to the weight of the evidence (see, CPL 470.15; see also, People v. Carter, 63 N.Y.2d 530; People v. Kidd, 76 A.D.2d 665), because the trier of fact failed to properly credit certain evidence offered by the defendant. While an intermediate appellate court may set aside a verdict of guilty where it appears that the trier of fact failed to properly weigh the evidence (see, People v. Bleakley, 69 N.Y.2d 490; People v. Hagmann, 175 A.D.2d 502), it is well settled that issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact, who had the opportunity to hear and observe the witnesses (see, People v. Bleakley, supra; People v. Livingston, 184 A.D.2d 529; People v. Walker, 175 A.D.2d 146; People v. Scott, 134 A.D.2d 379). The verdict was not against the weight of the evidence.
The County Court did not err in excluding polygraph evidence during sentencing (see, People v. Shedrick, 66 N.Y.2d 1015; People v. Angelo, 208 A.D.2d 939). Furthermore, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80; see also, People v. Lewis, 162 A.D.2d 760). Sullivan, J.P., Lawrence, Copertino and Joy, JJ., concur.