Opinion
July 20, 1998
Appeal from the Supreme Court, Queens County (Roman, J.).
Ordered that the judgment is affirmed.
On appeal, the defendant argues that the complaining witness's testimony was incredible as a matter of law. This claim was not preserved for appellate review (CPL 470.05; People v. Udzinski, 146 A.D.2d 245; People v. Fields, 188 A.D.2d 612). In any event, 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. Moreover, resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily issues 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 of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's sentence was neither harsh nor excessive (see, People v. Delgado; 80 N.Y.2d 780; People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
Rosenblatt, J. P., Ritter, Copertino and Florio, JJ., concur.