Opinion
Submitted December 15, 2000.
January 16, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Leone, J.), rendered October 24, 1996, 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. (Barbara Lerner of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N Y (Jonathan J. Silbermann of counsel; Kelly Barnard on the brief), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., FRED T. SANTUCCI, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to disprove his agency defense is not preserved for appellate review (see, CPL 470.05; People v. Bradley, 199 A.D.2d 327). 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 support a finding that the People disproved the defense of agency and established the defendant's guilt beyond a reasonable doubt (see, People v. Herring, 83 N.Y.2d 780, 782; People v. Lam Lek Chong, 45 N.Y.2d 64, 75, cert denied 439 U.S. 935; People v. Carr, 254 A.D.2d 91; People v. Nieves, 214 A.D.2d 590; People v. Askew, 194 A.D.2d 341; People v. Baker, 176 A.D.2d 153). 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).