Opinion
Submitted March 31, 2000.
May 15, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered September 16, 1998, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Daniel P. Derechin of counsel), for respondent.
FRED T. SANTUCCI, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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 disprove the defense of agency and establish the defendant's guilt beyond a reasonable doubt (see, People v. Ortiz, 76 N.Y.2d 446, 449; People v. Lam Lek Chong, 45 N.Y.2d 64, 75, cert denied 439 U.S. 935). 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 finder of fact (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).
SANTUCCI, J.P., McGINITY, LUCIANO and SCHMIDT, JJ., concur.