Opinion
March 8, 1993
Appeal from the Supreme Court, Kings County (Greenberg, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People failed to prove that he intended to cause serious physical injury to the deceased or that the gunshot wound was the cause of death. However, viewing the evidence adduced at trial 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. The People offered evidence that the defendant was armed with a shotgun, that a shotgun was fired into a group of people including the deceased, and that the defendant's accomplice fired a shot into the decedent's stomach. In addition, the medical examiner testified that the decedent died from complications arising out of the gunshot wound. 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 was not against the weight of the evidence (see, CPL 470.15). Rosenblatt, J.P., Lawrence, O'Brien and Copertino, JJ., concur.