Opinion
2000-00922
Submitted February 26, 2002.
March 25, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered January 14, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Ronna Gordon-Galchus, Bayside, N.Y., for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Patricia Malloy, and Lourdes M. Ventura of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, and BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant's claim that the evidence was legally insufficient is unpreserved for appellate review (see CPL 470.05). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of robbery in the first degree (see Penal Law § 160.15), on a theory of accomplice liability (see Penal Law § 20.20), beyond a reasonable doubt. Moreover, 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. Gaimori, 176 N.Y.2d 84). Its determination should not be disturbed unless clearly unsupported by the record (see People v. Garafolo, 44 A.D.2d 86). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.
RITTER, J.P., SMITH, FRIEDMANN and COZIER, JJ., concur.