Opinion
2002-02266
Submitted October 7, 2003.
November 17, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered February 8, 2002, convicting him of attempted murder in the second degree, assault in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Beverly Kalman of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, SANDRA L. TOWNES, 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 the defendant's guilt beyond a reasonable doubt ( see People v. Williams, 84 N.Y.2d 925, 926).
The defendant contends that the jury should not have believed the prosecution's witnesses. 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).
RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.