General

The People of the State of New York, Respondent, v. Reynaldo Dilbert, Appellant

228 A.D.2d 611644 N.Y.S.2d 636·New York Supreme Court, Appellate Division·1996·NY

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Opinion

The People of the State of New York, Respondent, v Reynaldo Dilbert, Appellant. [644 NYS2d 636] [MAJORITY] 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). 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). Upon the exercise of our factual review power, we are satisfied that the verdict under Indictment No. 463/93 was not against the weight of the evidence (see, CPL 470.15 [5]). The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., O’Brien, Goldstein and Florio, JJ., concur.