Opinion
February 9, 1998
Appeal from the County Court, Nassau County (Gulotta, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the court improperly allowed the People to inquire into a prior conviction that was similar to the instant offense is without merit. The similarity of crimes does not automatically preclude the use of a prior conviction to impeach the defendant should he testify ( see, People v. Pender, 221 A.D.2d 573). Theft-related crimes have a very material relevance on the issue of credibility because they show the defendant's inclination to place his own interests above those of society ( see, People v. Sandoval, 34 N.Y.2d 371, 376-377; People v. Brennon, 239 A.D.2d 428; People v. Jamison, 228 A.D.2d 698).
The defendant's challenge to the legal sufficiency of the People's case is unpreserved for appellate review and, in any event, is without merit. Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it is 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 is not against the weight of the evidence (CPL 470.15).
The defendant's sentence is not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
O'Brien, J.P., Sullivan, Pizzuto and Florio, JJ., concur.