Opinion
October 13, 1992
Appeal from the Supreme Court, Queens County (Linakis, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the People failed to disprove his justification defense beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that the justification defense was indeed disproved beyond a reasonable doubt (see, People v Jackson, 157 A.D.2d 801; People v Martinez, 149 A.D.2d 438). The complainant testified that, following a fist fight, the defendant ran after him and plunged a knife into his chest. This testimony clearly established that the defendant could not have had a reasonable belief that deadly physical force was about to be used upon him and, moreover, that he had every opportunity to retreat safely (see, Penal Law § 35.15; People v Dallara, 108 A.D.2d 867). Although conflicting testimony was given by an eyewitness, the jury apparently credited the testimony of the complainant. 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).
We have considered the defendant's remaining contentions and find them to be either unpreserved for appellate review (see, People v Bynum, 70 N.Y.2d 858; People v Balls, 69 N.Y.2d 641), or without merit (see, People v Wesley, 76 N.Y.2d 555, 559; People v Coleman, 70 N.Y.2d 817, 818; People v Andrews, 131 A.D.2d 580, 581). Miller, J.P., Copertino, Pizzuto and Santucci, JJ., concur.