Opinion
March 29, 1995
Appeal from the Supreme Court, Kings County (Goldstein, J.).
Ordered that the judgment is affirmed.
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).
There is no merit to the defendant's argument that he was penalized for exercising his right to trial since his codefendants received lesser sentences after pleading guilty. There is no indication that vindictiveness based upon the defendant's failure to plead guilty played any part in his sentencing (see, People v. Patterson, 106 A.D.2d 520, 521). The sentencing minutes indicate that the court considered the appropriate factors in sentencing the defendant, and we find the sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80). Rosenblatt, J.P., Miller, Lawrence and Florio, JJ., concur.