People v. White
245 A.D.2d 535
| N.Y. App. Div. | 1997

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered July 11, 1995, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention, raised for the first time on appeal, that the People did not disprove his defense of justification beyond a reasonable doubt is unpreserved for appellate review (see, People v Udzinski, 146 AD2d 245, 250). In any *536event, viewing the evidence in the 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 beyond a reasonable doubt. Moreover, 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 jury, which saw and heard the witnesses (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]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). O’Brien, J. P., Pizzuto, Friedmann and Krausman, JJ., concur.