Opinion
April 15, 1991
Appeal from the Supreme Court, Kings County (Tomei, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People have failed to prove his guilt beyond a reasonable doubt and that the verdict is against the weight of the evidence. We disagree. 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. Resolution of issues of credibility, as well as the weight to be accorded 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.2d 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 (CPL 470.15).
Additionally we find that the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 83). Sullivan, J.P., Eiber, Rosenblatt and Ritter, JJ., concur.