Appellate Division of the Supreme Court of New York, 2007

People v. Mathison

People v. Mathison
Appellate Division of the Supreme Court of New York · Decided June 19, 2007
41 A.D.3d 736; 836 N.Y.S.2d 882
People v. Mathison

Opinion of the Court

Appeal by the de- *737fendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered September 9, 2003, convicting him of assault in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Resolution of issues of credibility is primarily a matter to be determined by the jury, which saw and heard the witnesses, and its determination should be accorded great deference on appeal (see People v Romero, 7 NY3d 633, 644-645 [2006]; People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]). Upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, supra).

The defendant’s remaining contentions either are without merit or do not require reversal. Rivera, J.P., Spolzino, Florio and Angiolillo, JJ., concur.

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