Opinion
1994-11144
Argued October 22, 2002.
November 12, 2002.
Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered October 26, 1994, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Carl F. Lodes, Carmel, N.Y., for appellant, and appellant pro se.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Richard Longworth Hecht of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, REINALDO E. RIVERA, JJ.
DECISION ORDER
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. Contrary to the defendant's contention, the testimony of his accomplice was sufficiently corroborated by independent evidence connecting the defendant to the crimes of which he was convicted (see CPL 60.22; People v. Besser, 96 N.Y.2d 136, 143; People v. Breland, 83 N.Y.2d 286; People v. Steinberg, 79 N.Y.2d 673, 683; People v. Thorpe, 291 A.D.2d 464).
Moreover, 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). 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; People v. Dobey, 285 A.D.2d 655). 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).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (see People v. Feerick, 93 N.Y.2d 433, 452; People v. Ficarrota, 91 N.Y.2d 244, 250; People v. Baldi, 54 N.Y.2d 137, 147; People v. Williams, 46 N.Y.2d 1070).
PRUDENTI, P.J., ALTMAN, FRIEDMANN and RIVERA, JJ., concur.