People v. KrossPeople v. Kross
Ordered that the judgment is affirmed.
The defendant’s claim that the People failed to prove his identity as the perpetrator by legally sufficient evidence is unpreserved for appellate review (see People v Gray, 86 NY2d 10 [1995]; People v Elmore, 269 AD2d 404 [2000]; People v King, 238 AD2d 524 [1997]). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Delgadillo, 13 AD3d 643 [2004]; People v Ricone, 288 AD2d 402 [2001]; People v Mouchette, 192 AD2d 561 [1993]). Moreover, the weight to be accorded to the evidence presented, as well as the resolution of issues as to credibility, are primarily questions to be determined by the jury, which saw and heard the witnesses (see People v Prahalad, 295 AD2d 373 [2002]). The jury’s “determination should be accorded great deference on appeal and should not be disturbed unless clearly unsupported by the record” (People v Wells, 18 AD3d 482, 483 [2005]). 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
The defendant’s constitutional challenge to his adjudication as a persistent felony offender pursuant to