Opinion
Submitted March 6, 2000.
April 13, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered October 14, 1998, convicting him of criminal possession of a weapon in the third degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Sonia Mikolic-Torreira of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Sharon Y. Brodt of counsel; Mary Bejarano on the brief), for respondent.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, LEO F. McGINITY, DANIEL F. LUCIANO, 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 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[5]).
The sentence imposed was neither harsh nor excessive. The defendant was not punished for exercising his right to a trial by jury (see, People v. Pena, 50 N.Y.2d 400 ; People v. Rosemond, 226 A.D.2d 404 ).
The defendant's remaining contention is without merit.