Opinion
Decided June 18, 2004.
Appeal by defendant from a judgment of the Justice Court, Town of Riverhead, Suffolk County (R. Ehlers, J.), rendered April 1, 2003, convicting her of harassment in the second degree (Penal Law § 240.26) and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
Viewing the evidence in a light most favorable to the People ( see People v. Contes, 60 NY2d 620), we find it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the lower court, which had the opportunity to see and hear the witnesses ( see People v. Gaimari, 176 NY 84). 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 AD2d 86). 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). Accordingly, the judgment of conviction should be affirmed.