Opinion
2000-10847
Submitted October 1, 2002.
October 21, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered November 20, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, STEPHEN G. CRANE, 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 of felony murder beyond a reasonable doubt. The eyewitness testimony and the admissions made by the defendant in the two written statements and video statement given to the police on the night of his arrest clearly established that the defendant was an armed, active participant in the robbery.
Moreover, 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 heard and saw the witnesses (see People v. Gaimari, 176 N.Y. 84). 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; People v. Waithe, 145 A.D.2d 667; People v. Reardon, 141 A.D.2d 869). 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).
FLORIO, J.P., FRIEDMANN, ADAMS and CRANE, JJ., concur.