Opinion
December 14, 1992
Appeal from the Supreme Court, Kings County (Juviler, J.).
Ordered that the judgment is affirmed.
The defendant contends that the prosecution failed to adduce legally sufficient evidence of his intent to commit murder in the second degree. As the defendant did not raise a specific objection on this ground in his motion for a trial order of dismissal, the issue is not preserved for appellate review (see, CPL 470.05; People v Colavito, 70 N.Y.2d 996; People v Bynum, 70 N.Y.2d 858). In any event, viewing the evidence adduced at the trial in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), which included the testimony of three eyewitnesses, who had known the defendant from the neighborhood, and testified to consistent versions of the shooting, there was legally sufficient proof to establish the defendant's guilt beyond a reasonable doubt. Moreover, the defendant's contention that the three eyewitnesses' trial testimony should not have been believed by the jury, due to either minor inconsistencies or prior criminal convictions, is without merit. 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 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 Dubose, 147 A.D.2d 585; People v Garafolo, 44 A.D.2d 86, 88). Here, the jury heard all of the testimony and concluded that the version of the crime presented by the People's witnesses was accurate (see, People v Gloster, 175 A.D.2d 258, 262). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).
We have reviewed the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Thompson, J.P., Balletta, Eiber and Ritter, JJ., concur.