Opinion
July 11, 1994
Appeal from the County Court, Suffolk County (Cacciabaudo, 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 beyond a reasonable doubt. The complainant's story as to the happening of the robbery was consistent. Minor inconsistencies between his statement to the police and his trial testimony do not make his testimony incredible as a matter of law (see, People v. Senior, 203 A.D.2d 308; People v. Stackhouse, 201 A.D.2d 686; People v. White, 192 A.D.2d 736).
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 jury, which saw and heard the witnesses (see, People v. Mitchell, 167 A.D.2d 356; People v Bossett, 157 A.D.2d 734). 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).
We have considered the defendant's remaining contentions and find them to be without merit. Rosenblatt, J.P., Lawrence, Copertino and Joy, JJ., concur.