Opinion
May 1, 1989
Appeal from the Supreme Court, Queens County (Joy, J.).
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. We note that the "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 trier of fact who saw and heard the witnesses (see, People v Gaimari, 176 N.Y. 84, 94). The Trial Judge's 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)" (People v Morris, 141 A.D.2d 769, lv denied 72 N.Y.2d 1048; see also, People v Denker, 145 A.D.2d 643). Upon the exercise of our factual review power we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
We find that the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Kunzeman, J.P., Rubin, Eiber and Rosenblatt, JJ., concur.