Opinion
2001-07387.
Decided April 12, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered July 16, 2001, convicting him of assault in the first degree and assault in the third degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward Bannan and Rosalind C. Gray of counsel), for respondent.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
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 was 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 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 was not against the weight of the evidence ( see CPL 470.15).
The sentence imposed was not excessive ( see CPL 470.15[c], 470.20; People v. Thompson, 60 N.Y.2d 513, 519; People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention does not require reversal.
RITTER, J.P., GOLDSTEIN, H. MILLER and MASTRO, JJ., concur.