People v. Banks — 182 A.D.2d 690

Majority

p. 690

The People of the State of New York, Respondent, v Ronald Banks, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered April 2, 1990, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant is alleged to have provided a handful of vials filled with crack cocaine to a codefendant who, in turn, handed the vials to another codefendant, who subsequently gave two of the vials to an undercover police officer in exchange for $10 in prerecorded money.

Viewing the evidence adduced at trial in a light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt (see, People v Cobbs, 161 AD2d 723 ; People v Policano, 139 AD2d 773 , 774). Furthermore, 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 trier-of-fact, who saw and heard the witnesses

p. 691

(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 was not against the weight of the evidence (see, CPL 470.15 [5]; People v Policano, supra). Bracken, J. P., Rosenblatt, Miller and O’Brien, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 690
People v. Cobbs 161 AD2d 723 N.Y. App. Div. 1990-05-21 p. 690
People v. Policano 139 AD2d 773 N.Y. App. Div. 1988-04-25 at 774 p. 690
People v. Garafolo 44 AD2d 86 N.Y. App. Div. 1974-03-25 at 88 p. 691