Opinion
March 30, 1998
Appeal from the County Court, Westchester County (Angiolillo, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence is not legally sufficient to establish his use of force beyond a reasonable doubt is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, 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 trier of fact, who saw and heard the witnesses ( see, People v. Giamari, 176 N.Y. 84, 94). Its determination 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).
Mangano, P. J., Miller, Ritter and Thompson, JJ., concur.