Opinion
Submitted October 20, 2000.
November 21, 2000.
Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered January 10, 1997, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
John T. Gildea, White Plains, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Dana M. Loiacono and Richard Longworth Hecht of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the verdict was legally insufficient is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245, 250). 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. 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 defendant's remaining contentions are without merit.