Opinion
May 10, 1993
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's assertions, we find that he received the effective assistance of counsel at trial (see, People v Baldi, 54 N.Y.2d 137; People v Rivera, 71 N.Y.2d 705).
Viewing the evidence adduced at the trial in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to prove the defendant's guilt and disprove his alibi defense beyond a reasonable doubt. Although the defendant presented several alibi witnesses, it cannot be said that the trier of fact improperly discredited their testimony (see, People v Edens, 181 A.D.2d 741). 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 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 was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Bracken, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.