Opinion
2004-1510 Q CR.
Decided January 12, 2009.
Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Steven W. Paynter, J.), rendered August 12, 2004. The judgment convicted defendant, after a nonjury trial, of menacing in the second degree.
Judgment of conviction affirmed.
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
Defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05; People v Gray, 86 NY2d 10, 20-21). In any event, viewing the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish defendant's guilt of menacing in the second degree (Penal Law § 120.14) beyond a reasonable doubt. Moreover, we are satisfied that the verdict was not against the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342; People v Romero, 7 NY3d 633). The resolution of issues of credibility is primarily a matter to be determined by the trier of fact, which saw and heard the witnesses, and its determination should be accorded great weight on appeal ( see id. at 644-645). We find no basis to disturb the determination of the trial court. Accordingly, the judgment is affirmed.
Pesce, P.J., Golia and Rios, JJ., concur.