Opinion
Argued December 17, 1999
January 24, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered October 14, 1998, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Florence M. Sullivan, and Karen Marcus of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (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, Penal Law § 265.03; People v. Perez, 130 A.D.2d 595, 596 ; see also, People v. Coluccio, 170 A.D.2d 523, 524 ; People v. Richardson, 97 A.D.2d 693, 694 ). 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. Baxter, 157 A.D.2d 788 ; 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 is not against the weight of the evidence (see, CPL 470.15[5]).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
O'BRIEN, J.P., KRAUSMAN, FLORIO, and McGINITY, JJ., concur.