Opinion
2001-07771
Submitted April 22, 2003.
May 19, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered August 20, 2001, convicting him of criminal possession of a weapon in the second degree and attempted assault in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Bertrand J. Kahn of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Linda Breen, and Marie-Claude P. Wrenn of counsel), for respondent.
Before: NANCY E. SMITH, J.P., HOWARD MILLER, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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 beyond a reasonable doubt that the defendant possessed a loaded and operable firearm (see Penal Law § 265.00; People v. Cavines, 70 N.Y.2d 882; People v. Solis, 214 A.D.2d 689) and attempted to assault the complainant (see People v. Kassebaum, 95 N.Y.2d 611, cert denied 532 U.S. 1069). 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. 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 of guilt was not against the weight of the evidence (see CPL 470.15).
SMITH, J.P., H. MILLER, COZIER and RIVERA, JJ., concur.