Opinion
August 21, 1995
Appeal from the County Court, Westchester County (Carey, J.).
Ordered that the judgment is affirmed.
Viewing the evidence, in the light most favorable to the People (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. 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).
In addition, the County Court correctly denied the defendant's motions for a mistrial or to discharge members of the jury. The record shows that the County Court made a diligent inquiry of the jurors as to any conversations that may have been had with witnesses in the case or with nonjurors. The jurors' responses failed to demonstrate the gross disqualification or misconduct of a substantial nature required to mandate discharge of a juror under CPL 270.35 (see, People v. Matiash, 197 A.D.2d 794; cf., People v. Fox, 172 A.D.2d 218).
The defendant's remaining contentions are without merit. Mangano, P.J., Joy, Krausman and Florio, JJ., concur.