Opinion
December 13, 1993
Appeal from the Supreme Court, Queens County (Fisher, J.).
Ordered that the judgment is affirmed.
Viewing the evidence adduced at trial 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 convict the defendant of criminal sale of a controlled substance in the third degree beyond a reasonable doubt. 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 trier of fact, which saw and heard the witnesses (see, 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 find that the verdict was not against the weight of the evidence (see, CPL 470.15).
Furthermore, the defendant's sentence was not excessive (see, People v Delgado, 80 N.Y.2d 780; People v Suitte, 90 A.D.2d 80). Thompson, J.P., Bracken, Balletta and Santucci, JJ., concur.