Opinion
2000-06280
Submitted October 2, 2003.
November 3, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered May 24, 2000, convicting him of robbery in the first degree (two counts), robbery in the second degree, burglary in the second degree (two counts), and attempted robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.
Gary E. Eisenberg, Monroe, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Thomas K. Chong and Richard Longworth Hecht of counsel), for respondent.
Before: NANCY E. SMITH, J.P., LEO F. McGINITY, HOWARD MILLER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). 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 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 trier of fact, 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).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SMITH, J.P., McGINITY, H. MILLER and RIVERA, JJ., concur.