Opinion
2001-01182.
Decided December 8, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered January 18, 2001, convicting him of assault in the second degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
Lynn W.L. Fahey, (Tigran W. Eldred of counsel), for appellant.
Richard A. Brown, District Attorney, (John M. Castellano and Donna Aldea of counsel; Brian Allen on the brief), for respondent.
Before: SANDRA L. TOWNES, BARRY A. COZIER, 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 the defendant's guilt beyond a reasonable doubt ( see People v. Williams, 84 N.Y.2d 925, 926).
The defendant contends that the testimony of the prosecution's witnesses was not credible. However, issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses ( see People v. Gaimari, 176 N.Y. 84, 94). Its determination should be afforded 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).
FLORIO, J.P., FRIEDMANN, TOWNES and COZIER, JJ., concur.