Opinion
Argued June 14, 1999
October 21, 1999
Cravath, Swaine Moore, New York, N.Y. (Steven E. Weiser of counsel), and M. Sue Wycoff, New York, N.Y. (David Crow of counsel), for appellant (one brief filed).
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Victor Barall, and Mark Mermelstein of counsel), for respondent.
MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Minardo, J.), rendered June 17, 1996, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620 ), we find that it is 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 jury, which saw and heard the witnesses (see, People v. Kennedy, 185 A.D.2d 364 ; People v. Gaimari, 176 N.Y. 84, 94 ). Its determination 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 is not against the weight of the evidence (see, CPL 470.15[5]).
ALTMAN, J.P., KRAUSMAN, H. MILLER, and SCHMIDT, JJ., concur.