Opinion
September 8, 1997
Appeal from the Supreme Court, Kings County (Juviler, J.).
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 is 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 fact-finder, 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).
The defendant's contention that the trial court failed to conduct a proper preliminary hearing pursuant to CPL 60.20 (2) with respect to the testimony of the five-year-old victim is unpreserved for appellate review since he failed to object to the admission of such testimony ( see, CPL 470.05; People v. Bohn, 155 A.D.2d 679; People v. Sharpe, 143 A.D.2d 692).
Copertino, J.P., Thompson, Friedmann and Florio, JJ., concur.