Opinion
February 8, 1993
Appeal from the Supreme Court, Kings County (Lipp, 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 the defendant's guilt beyond a reasonable doubt. An eyewitness testified that as he was running, he heard three shots. He turned around and saw the defendant holding a gun. The complainant testified that he saw the defendant with a gun in his hand approximately 15 feet away. The defendant fired three shots, hitting the complainant in the chest, arm, and leg. The defendant contends that the prosecution witnesses were not credible. However, 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 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 (see, CPL 470.15). Sullivan, J.P., O'Brien, Pizzuto and Santucci, JJ., concur.