Opinion
December 12, 1994
Appeal from the Supreme Court, Queens County (Sherman, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (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. While the defendant contends that the prosecution witnesses were not credible, 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 is entitled to 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 is not against the weight of the evidence (see, CPL 470.15).
The defendant's claims of prosecutorial misconduct are either unpreserved for appellate review (see, CPL 470.05) or without merit (see, People v Galloway, 54 N.Y.2d 396; People v Ashwal, 39 N.Y.2d 105; People v Burrell, 178 A.D.2d 422).
The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).
We have reviewed the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Copertino, Pizzuto and Hart, JJ., concur.