Opinion
2000-01254
Submitted February 1, 2002.
February 19, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered January 27, 2000, convicting him of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jennifer K. Danburg of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., CORNELIUS J. O'BRIEN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, JJ.
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 former drug addiction, criminal history, and explanations of his prior arrests, which were fully explored before the jury, did not render his testimony incredible as a matter of law (see, People v. Butler, 221 A.D.2d 458; People v. Walker, 215 A.D.2d 607; People v. Harris, 215 A.D.2d 586). 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. 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 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).
PRUDENTI, P.J., O'BRIEN, FRIEDMANN and McGINITY, JJ., concur.