Opinion
March 16, 1992
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the judgment is affirmed.
Viewing the evidence 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 of murder in the second degree beyond a reasonable doubt. Contrary to the contention of the defendant, there was sufficient evidence to enable the jury to reject his affirmative defense of extreme emotional disturbance (see, People v Moye, 66 N.Y.2d 887; People v Walker, 64 N.Y.2d 741; People v Casassa, 49 N.Y.2d 668, 676, cert denied 449 U.S. 842). The defendant gave a confession wherein he admitted that he stabbed the decedent in the back. The physical and medical evidence supported the conclusion that the crime was committed intentionally. Moreover, the defendant's actions in cleaning up after the crime, removing the decedent's clothes, and wiping fingerprints were inconsistent with the loss of control associated with extreme emotional disturbance (see, People v Feris, 144 A.D.2d 691; People v Knights, 109 A.D.2d 910). While the defendant claims that the testimony of his expert witness was sufficient to establish the affirmative defense of extreme emotional disturbance, his expert's conclusions were rebutted by the People's expert witnesses. 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 (CPL 470.15).
We find that the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). The defendant's remaining contentions are unpreserved for appellate review or without merit. Harwood, J.P., Balletta, O'Brien and Ritter, JJ., concur.