Opinion
December 28, 1992
Appeal from the Supreme Court, Queens County (Berkowitz, J.).
Ordered that the judgment is affirmed.
Viewing the evidence at trial in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, the defendant's contention that the identification testimony by an eyewitness to the assault should not have been believed by the jury is without merit. It is well settled that resolution of issues of credibility, as well as the weight to be accorded 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 (CPL 470.15). Sullivan, J.P., Balletta, Eiber and Santucci, JJ., concur.