Opinion
February 22, 1999
Appeal from the Supreme Court, Kings County (Egitto, J.).
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 is 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 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). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15).
The defendant's claim that the trial court improperly interfered in his examination of witnesses and expressed hostility toward his counsel is unpreserved for appellate review (see, People v. Charleston, 56 N.Y.2d 886; People v. Whitehead, 155 A.D.2d 567). In any event, the defendant was not deprived of a fair trial by the court's conduct. The court's function is to clarify the issues and to facilitate the orderly and expeditious progress of the proceedings (see, People v. Yut Wai Tom, 53 N.Y.2d 44; People v. Whitehead, supra). A review of the record reveals that the court's intervention was appropriate.
The defendant's remaining contentions are without merit.
Miller, J. P., Ritter, Altman and Luciano, JJ., concur.