People v. Harrison — 28 A.D.3d 581

Majority

p. 581

The People of the State of New York, Respondent, v Charles Harrison, Appellant.

[813 NYS2d 204]

Appeal by the defendant from a judgment of the County Court, Nassau County (Lapera, J.), rendered February 7, 2003, convicting him of criminal possession of a weapon in the third degree (three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court properly precluded alibi testimony where the

p. 582

defendant failed to demonstrate good cause for his untimely alibi notice (see CPL 250.20 [1], [3]; People v Tucker, 21 AD3d 387 , 388 [2005]; People v Bonner, 287 AD2d 728 [2001]).

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, which saw and heard the witnesses (see People v Gaimari, 176 NY 84 , 94 [1903]). 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 [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 defendant’s remaining contentions are without merit. Miller, J.P., Crane, Luciano and Rivera, JJ., concur.

Cases cited

People v. Tucker 21 AD3d 387 N.Y. App. Div. 2005-08-01 at 388 p. 582
People v. Garafolo 44 AD2d 86 N.Y. App. Div. 1974-03-25 at 88 p. 582