Opinion
April 29, 1996
Appeal from the Supreme Court, Kings County (Kay, J.).
Ordered that the judgments are affirmed.
On the afternoon of January 20, 1991, the defendant and an unapprehended accomplice robbed the complainant in his home. During the course of the robbery, the defendant held a gun to the complainant's side and when interrupted by the sounds of the complainant's upstairs neighbor returning home, fled the apartment. These events were recounted by the complainant who had previously known the defendant.
On appeal, the defendant claims that his version of the events was far more plausible then that put forth by the complainant and that his guilt was not proven beyond a reasonable doubt. 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). The jury's 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).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Miller, J.P., O'Brien, Copertino and Pizzuto, JJ., concur.