Opinion
December 19, 1994
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the judgment is affirmed.
The defendant challenges the jury's verdict as contrary to the weight of the evidence, asserting that the complainant's identification testimony was weak, and was convincingly contradicted by the testimony of the defense witnesses. However, 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, 94). Its determination should be afforded 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).
The defendant also challenges, as unduly prejudicial, the prosecutor's questioning of two defense witnesses, as well as an isolated remark in the prosecutor's summation, objections to which were immediately sustained. While the two unanswered questions, as well as the summation remark, were improper, any error in this regard was harmless in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230).
We perceive of no basis upon which to modify the defendant's sentence (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review, and, in any event, without merit. Mangano, P.J., Thompson, Bracken and Altman, JJ., concur.