Opinion
2000-01733
Submitted September 27, 2002.
October 28, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (Honorof, J.), rendered February 1, 2000, convicting him of grand larceny in the fourth degree, after a nonjury trial, and imposing sentence.
Kent V. Moston, Hempstead, N.Y. (Jeremy L. Goldberg and Tammy Feman of counsel), for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Peter A. Weinstein and Douglas Noll of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt because the testimony of his accomplice was uncorroborated. This issue is unpreserved for appellate review (see People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, there was sufficient independent corroborative evidence tending to connect the defendant with the commission of the offense (see CPL 60.22; People v. Glasper, 52 N.Y.2d 970; People v. Cunningham, 48 N.Y.2d 938). 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, although there were minor inconsistencies in the accomplice's testimony, 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. Cornish, 211 A.D.2d 639; 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 defendant's remaining contentions are without merit (see People v. Page, 88 N.Y.2d 1, 9-10).
SANTUCCI, J.P., O'BRIEN, McGINITY and TOWNES, JJ., concur.