Opinion
2001-04021.
Decided June 14, 2004.
Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik, J.), rendered April 9, 2001, convicting him of attempted rape in the first degree and falsely reporting an incident in the third degree, upon a jury verdict, and imposing sentence.
James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan and Stephanie A. Small of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P. SONDRA MILLER, ROBERT W. SCHMIDT, STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to prove his guilt of attempted rape in the first degree is not preserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10). 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, 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 People v. Suitte, 90 A.D.2d 80).
SANTUCCI, J.P., S. MILLER, SCHMIDT and FISHER, JJ., concur.