Opinion
Submitted September 5, 2000
September 25, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (La Cava, J.), rendered November 20, 1998, convicting him of criminal mischief in the fourth degree, after a nonjury trial, and imposing sentence.
Russell K. Paisley, New York, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (David R. Sachs and Valerie A. Livingston of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
It is well settled that 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 trier of fact, which saw and heard the witnesses (see, People v. Gaimari, 176 N.Y. 84, 96). 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 of guilt was not against the weight of the evidence (see, CPL 470.15).