Opinion
Submitted June 25, 1999
October 12, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.).
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that his guilt of the crimes charged was not proven by legally sufficient evidence because the testimony of the undercover officer was inconsistent, unreliable, and uncorroborated by other evidence ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245, 250). 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 the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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 is not against the weight of the evidence ( see, CPL 470. 15[5]).
The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.
S. MILLER, J.P., SULLIVAN, ALTMAN, and McGINITY, JJ., concur.