Opinion
Submitted June 7, 1999
August 23, 1999
Lynn W. L. Fahey, New York, N.Y. (Robert C. Wright of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Young C. Lee, and Michael Kuzmicz of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, and ROBERT W. SCHMIDT, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered January 5, 1998, convicting him of petit larceny, after a nonjury trial, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the testimony of the People's witnesses was legally insufficient to establish that he stole the complainant's jewelry (see, CPL 470.05; People v. Gerofsky, 244 A.D.2d 569). 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 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 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 is not against the weight of the evidence (see, CPL 470.15).
THOMPSON, J.P., ALTMAN, FEUERSTEIN, and SCHMIDT, JJ., concur.