Opinion
July 18, 1988
Appeal from the Supreme Court, Kings County (Meyerson, 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). The complainant testified that as she was returning to her apartment the defendant approached her from behind, forcing his way into the premises (see, People v Dupree, 122 A.D.2d 852, 853, lv denied 68 N.Y.2d 811). Although the defendant presented a different account of the incident, issues of credibility, as well as the weight to be accorded to the evidence, are primarily questions to be determined by the trier 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). Mangano, J.P., Brown, Lawrence and Harwood, JJ., concur.