Opinion
November 21, 1994
Appeal from the Supreme Court, Kings County (Rienzi, J.).
Ordered that the judgment is affirmed.
On September 8, 1990, an individual was robbed by the defendant and two accomplices. One of the men ripped a gold chain from his neck and all three men then fled.
The defendant's contention that his identification as one of the robbers was not proven beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05; People v. Johnson, 169 A.D.2d 779; 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), 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 (CPL 470.15). Sullivan, J.P., Rosenblatt, Pizzuto and Altman, JJ., concur.