Opinion
December 7, 1987
Appeal from the Supreme Court, Kings County (Juviler, J.).
Ordered that the judgment is affirmed.
The defendant's claim on appeal that the three eyewitnesses to the murder of Gerald Myers chose him out of a lineup as 1 of the 2 assailants only because he was wearing a distinctive sweater was not raised before the hearing court, and it is therefore not preserved for our review (see, People v Vasquez, 66 N.Y.2d 968, cert denied 475 U.S. 1109). We agree with the hearing court's conclusion that the lineup was fair and nonsuggestive and did not give rise to a risk of misidentification (see, People v Mattocks, 133 A.D.2d 89).
Viewing the evidence in the light most favorable to the prosecution (see, People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the defendant's conviction was supported by legally sufficient evidence. Upon the exercise of our factual review power, and bearing in mind that the credibility of witnesses and the weight to be accorded their testimony are generally matters for resolution by the jury (see, People v Bauer, 113 A.D.2d 543, lv denied 67 N.Y.2d 648, 880), we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15). Bracken, J.P., Brown, Weinstein and Spatt, JJ., concur.