Opinion
1998-06358
Submitted April 17, 2003.
May 5, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Lefkowitz, J.), rendered June 10, 1998, convicting him of murder in the second degree (four counts), upon a jury verdict, and imposing sentence.
Robert C. Mitchell, Riverhead, N.Y. (Martin P. Golden, Jr., of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Steven A. Hovani, Douglas A. Spencer, and Marion M. Tang of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., SANDRA J. FEUERSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to prove his identity as the perpetrator is largely 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, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v. Loliscio, 187 A.D.2d 172; People v. McCullough, 141 A.D.2d 856). There was also legally sufficient evidence to support the defendant's conviction of felony murder predicated upon the rape of one of the three victims (see People v. Mitchell, 176 A.D.2d 897; People v. Barnes, 162 A.D.2d 1039). 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 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., FEUERSTEIN, McGINITY and SCHMIDT, JJ., concur.