Opinion
September 15, 1997
Appeal from the County Court, Nassau County (Kowtna, J.).
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 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. 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 of guilt is not against the weight of the evidence (CPL 470.16 [5]).
There is no merit to the defendant's contention that the trial court improvidently exercised its discretion in denying his motion for a trial separate from that of his codefendant, as the defendant failed to demonstrate that his defense and that of his codefendant were in "irreconcilable conflict" ( see, People v Mahboubian, 74 N.Y.2d 174; People v. Apolinar, 208 A.D.2d 548, 549). Additionally, the trial court did not improvidently exercise its discretion in denying the defendant's motion for a mistrial ( see, People v. Ortiz, 54 N.Y.2d 288, 293; People v. Furst, 222 A.D.2d 299, 300; People v. Hayden, 221 A.D.2d 367, 368).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Miller, J.P., Florio, McGinity and Luciano, JJ., concur.