Appellate Division of the Supreme Court of New York, 1999

People v. Foreman

People v. Foreman
Appellate Division of the Supreme Court of New York · Decided November 22, 1999
266 A.D.2d 469; 698 N.Y.S.2d 543; 1999 N.Y. App. Div. LEXIS 12001
People v. Foreman

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosenzweig, J.), rendered June 30, 1998, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People failed to prove his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245, 250). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that the evidence 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 to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses (see, People v Gaimari, 176 NY 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 AD2d 86, 88). 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 [5]).

*470The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., Krausman, Florio and Feuerstein, JJ., concur.

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