Opinion
December 17, 1990
Appeal from the Supreme Court, Kings County (Vinik, J.).
Ordered that the judgments are affirmed.
Viewing the evidence adduced at the trial upon indictment No. 3179/84 in a light most favorable to the prosecution, we find that it was legally sufficient to prove the defendant's guilt beyond a reasonable doubt (see, People v. Contes, 60 N.Y.2d 620; People v. Talley, 111 A.D.2d 885; see also, People v. Glover, 134 A.D.2d 448). Although the prosecution witness's testimony contained minor inconsistencies, resolution of issues of credibility, as well as the weight to be given 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).
With respect to the defendant's claim that his plea under indictment No. 2753/84 was involuntarily made, he failed to move to withdraw his plea, so that his claim is unpreserved for appellate review (see, People v. Pellegrino, 60 N.Y.2d 636). In any event, we find that the defendant's plea was knowing and voluntary (see, People v. Harris, 61 N.Y.2d 9).
Further, the imposition by the Supreme Court of consecutive sentences under indictment No. 3179/84 was proper, since the acts of robbing two victims were separate and distinct, although they occurred within a single extended transaction (see, People v. Braithwaite, 63 N.Y.2d 839; People v. Taylor, 155 A.D.2d 630).
We have reviewed the defendant's remaining contentions and find them to be unpreserved for appellate review or without merit. Thompson, J.P., Brown, Kunzeman and Miller, JJ., concur.