Opinion
May 13, 1991
Appeal from the Supreme Court, Kings County (Kooper, J.).
Ordered that the judgment is affirmed.
We do not agree with the defendant's claim that the evidence adduced at the trial was legally insufficient. 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. The defendant's contention that the testimony of the eyewitness, an individual with a criminal history and a drug abuser, should not have been believed by the jury is unavailing. 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).
In addition, we find that the defendant's statements were properly admitted into evidence. Although a suspect may not be questioned once he requests the assistance of an attorney (see, People v Cunningham, 49 N.Y.2d 203, 205), in this case the hearing court properly determined that the defendant never unequivocally invoked his right to counsel (see, People v Fridman, 71 N.Y.2d 845; People v Sanchez, 117 A.D.2d 685).
Further, the defendant's contention that he has been denied due process as a result of delay in appellate review of his conviction is without merit since he has failed to demonstrate prejudice resulting from the delay (see, People v Wallace, 159 A.D.2d 1022; People v Barber, 154 A.D.2d 882; People v Pratt, 149 A.D.2d 956) and in view of our disposition of the merits of the appeal (see, People v Gaines, 143 A.D.2d 520, 521).
We have considered the defendant's remaining contentions and find that they are either unpreserved for appellate review or without merit. Balletta, J.P., Miller, O'Brien and Ritter, JJ., concur.