The People of the State of New York, Respondent, v. Jesus Rodriguez, Appellant

The People of the State of New York, Respondent, v Jesus Rodriguez, Appellant. [749 NYS2d 887] [MAJORITY] Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered March 16, 2001, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree, aggravated unlicensed operation of a motor vehicle in the second degree (two counts), and aggravated unlicensed operation of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. 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 of guilt was not against the weight of the evidence (see CPL 470.15 [5]). Florio, J.P., S. Miller, Adams and Crane, JJ., concur.