Opinion
2005-10 QCR.
Decided March 1, 2006.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Gene R. Lopez, J.), rendered on July 29, 2004. The judgment convicted defendant, after a nonjury trial, of attempted assault in the third degree, attempted endangering the welfare of a child and harassment in the second degree.
Judgment of conviction affirmed.
PRESENT:: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ
Defendant's contention, that the evidence adduced at trial was legally insufficient to prove his guilt beyond a reasonable doubt on the ground that the People's witnesses were not credible, is not preserved for appellate review since he failed to specify this ground in his motion to dismiss ( see CPL 470.05; People v. Gray, 86 NY2d 10). In any event, viewing the evidence in a light most favorable to the People ( People v. Contes, 60 NY2d 620), we find it was legally sufficient to establish defendant's guilt of attempted assault in the third degree (Penal Law §§ 110.00, 120.00), attempted endangering the welfare of a child (Penal Law §§ 110.00, 260.10) and harassment in the second degree (Penal Law § 240.26) beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact which had the opportunity to see and hear the witnesses ( see People v. Gaimari, 176 NY 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 AD2d 86). Minor discrepancies between the testimony of witnesses are not sufficient to show that a witness's testimony was incredible as a matter of law ( see People v. Silva, 306 AD2d 424, 425). 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). Accordingly, the judgment of conviction should be affirmed.
Weston Patterson, J.P., Golia and Belen, JJ., concur.