People v. Davis , 612 N.Y.S.2d 423 ( 1994 )

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feinberg, J.), rendered December 16, 1991, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant stands convicted of stabbing his girlfriend to death. On appeal, the defendant contends that his guilt was not proven beyond a reasonable doubt because of inconsistencies in the testimony of the People’s witnesses. However, the defendant has failed to preserve this contention for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245, 250). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), 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]). Thompson, J. P., Rosenblatt, Pizzuto and Florio, JJ., concur.