Opinion
Submitted October 10, 2000.
November 6, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered October 15, 1997, convicting him of rape in the first degree and burglary in the first degree, upon a jury verdict, and imposing sentence.
Salvatore S. Russo, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel Sidney Burke on the brief), for respondent.
Before: GUY JAMES MANGANO, P.J., DAVID S. RITTER, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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. 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 defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05) and, in any event, without merit.