People v. Tyler — 1 A.D.2d 541

Majority

p. 541

The People of the State of New York, Respondent, v Tyrone Tyler, Appellant.

[767 NYS2d 259]

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Harms, J), rendered November 30, 1999, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Williams, 247 AD2d 416 [1998]). In any event, 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 (see People v Williams, 84 NY2d 925 , 926 [1994]).

The defendant contends that the jury should not have believed the prosecution’s witness. However, issues of credibility, as well as the weight to be accorded to the evidence presented, are pri

p. 542

marily questions to be determined by the trier of fact, which saw and heard the witnesses (see People v Gaimari, 176 NY 84 , 94 [1903]). Its determination should be afforded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see People v Garafolo, 44 AD2d 86 , 88 [1974]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Prudenti, P.J., Altman, Smith and Crane, JJ., concur.

Cases cited

People v. Williams 247 AD2d 416 N.Y. App. Div. 1998-02-02 p. 541
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 541
People v. Williams 84 NY2d 925 N.Y. 1994-11-29 at 926 p. 541
People v. Garafolo 44 AD2d 86 N.Y. App. Div. 1974-03-25 at 88 p. 542
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 542