Opinion
1999-01285
Submitted October 7, 2003.
November 3, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered February 2, 1999, convicting him of sodomy in the first degree, sexual abuse in the first degree (two counts), and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.
Mel A. Sachs, New York, N.Y. (Paul J. Angioletti of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
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). 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). 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 defendant's contention that the trial court improvidently exercised its discretion in its Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371) is without merit ( see People v. Walker, 83 N.Y.2d 455; People v. Turner, 239 A.D.2d 447; People v. Moise, 199 A.D.2d 423; People v. Pegram, 191 A.D.2d 719).
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 and, in any event, without merit.
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.