Opinion
April 17, 1989
Appeal from the Supreme Court, Queens County (Appelman, J.).
Ordered that the judgment is affirmed.
The defendant's contention that he was denied his right to effective assistance of counsel is without merit. The failure of counsel to make a pretrial motion does not, in and of itself, constitute a basis for a finding of ineffectiveness (People v Forsyth, 112 A.D.2d 1008; People v. Morris, 100 A.D.2d 630, affd 64 N.Y.2d 803). Here the evidence, the law, and the circumstances of this case, viewed together and as of the time of representation, reveal that meaningful representation was provided (see, People v. Satterfield, 66 N.Y.2d 796).
Also without merit is the defendant's contention that his guilt was not proven beyond a reasonable doubt. Resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact, who 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 review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15). Mangano, J.P., Bracken, Brown and Harwood, JJ., concur.