Opinion
April 12, 1999
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
The defendant's claim that the evidence was legally insufficient to support his conviction is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620, 621), the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see, People v. Harvey, 175 A.D.2d 138). 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 was not against the weight of the evidence ( see, CPL 470.15; People v. Ritgers, 158 A.D.2d 628).
The sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Ritter, J.P., Altman, Friedmann and Goldstein, JJ., concur.