Opinion
June 10, 1991
Appeal from the Supreme Court, Queens County (Friedmann, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant knowingly and unlawfully sold a narcotic drug to an undercover officer (see, Penal Law § 220.39). Resolution of issues of credibility, as well as the weight to be accorded 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; see also, People v Davis, 171 A.D.2d 672). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
Contrary to the defendant's contention that the prosecutor vouched for the credibility of the witnesses and referred to facts not in evidence, these comments were either a fair response to defense counsel's summation (see, People v Rodriguez, 159 A.D.2d 356, 357; People v Rodriguez, 140 A.D.2d 723, 724; People v Switzer, 115 A.D.2d 673, 673-674; People v Gilmore, 106 A.D.2d 399, 401) or concerned permissible inferences to be drawn from the evidence. Additionally, while the prosecutor's comments regarding the unrefuted testimony of the People's witnesses may have drawn attention to defendant's failure to testify, the court promptly delivered curative instructions and rendered harmless any possible impropriety (see, People v Lynch, 145 A.D.2d 440; People v Allen, 135 A.D.2d 823; see also, People v Crimmins, 36 N.Y.2d 230).
The defendant's remaining contention is unpreserved for appellate review (see, People v Dixon, 165 A.D.2d 832), and we decline to review it in the exercise of our interest of justice jurisdiction. Rosenblatt, J.P., Miller, O'Brien and Ritter, JJ., concur.