People v. Rodriguez , 177 A.D.2d 666 ( 1991 )

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Jackson, J.), rendered March 29,1989, convicting him of robbery in the second degree (two counts), assault in the second degree, assault in the third degree, and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant challenges the legal sufficiency of the verdict on the basis that the testimony of the complainant was incredible as a matter of law. 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, 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]). 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 evidence (see, People v Garafolo, 44 AD2d 86, 88). Thompson, J. P., Rosenblatt, Miller and Ritter, JJ., concur.