Opinion
2001-02826
Submitted January 7, 2003.
January 27, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered March 12, 2001, convicting him of criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel; Lynsey Johnson on the brief), for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, DANIEL F. LUCIANO, HOWARD MILLER, 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. 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). 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). 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).
PRUDENTI, P.J., RITTER, LUCIANO and H. MILLER, JJ., concur.