Opinion
2001-08849
Submitted October 14, 2003.
November 10, 2003.
Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered September 25, 2001, convicting him of criminal possession of marijuana in the third degree and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan and Stephanie A. Small of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
To the extent that the defendant argues that the evidence was legally insufficient to establish the possession element of criminal possession of marijuana in the third degree, his contention is not preserved for appellate review ( see CPL 470.05). In any event, 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. 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 are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.