Opinion
February 19, 1991
Appeal from the Supreme Court, Kings County (Tomei, J.).
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 was legally sufficient to establish the defendant's guilt of the crime of assault in the first degree beyond a reasonable doubt. The complainant testified that he was wounded when the defendant fired a shotgun at him from a distance of about three feet. The defendant contends that the complainant's testimony was unworthy of belief because he initially told the police that he did not know who shot him. However, resolution of issues of credibility, as well as the weight 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 was not against the weight of the evidence (see, CPL 470.15).
The defendant's contentions with respect to the prosecutor's summation comments are unpreserved for appellate review (see, People v Medina, 53 N.Y.2d 951; CPL 470.05), and we decline to review them in the interest of justice.
We find that the sentence imposed is not excessive (see, People v Suitte, 90 A.D.2d 80). Kooper, J.P., Sullivan, Miller and O'Brien, JJ., concur.