Opinion
May 5, 1997
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is affirmed.
The voluntariness of a confession is to be determined by examining the totality of the circumstances surrounding the confession (see, People v. Sohn, 148 A.D.2d 553, 556; People v Woods, 141 A.D.2d 588). The factors to be weighed include the duration and conditions of detention, the manifest attitude of the police towards the defendant, the existence of threat or inducement, and the age, physical state, and mental state of the defendant (see, People v. Leonard, 59 A.D.2d 1, 12-13). Our consideration of the credible evidence in light of these factors compels the conclusion that the defendant's statement was voluntary.
Further, contrary to the defendant's contention, the People have no affirmative duty to investigate the psychiatric history of all potential prosecution witnesses (see, People v. Diaz, 134 A.D.2d 445, 446). In this case, there was no showing of a reasonable likelihood that the psychiatric records in issue might contain material bearing on the reliability and accuracy of the witness's testimony so as to warrant an order directing the production of those records (see, People v. Gissendanner, 48 N.Y.2d 543, 550; People v. Knowell., 127 A.D.2d 794).
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, 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 witness (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 of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Mangano, P.J., Pizzuto, Krausman and Luciano, JJ., concur.