The People of the State of New York, Respondent, v. Tanya Townsend, Appellant

The People of the State of New York, Respondent, v Tanya Townsend, Appellant. [669 NYS2d 838] [MAJORITY] —Appeal by the defendant from a judgment of the County Court, Nassau County (Ort, J.), rendered March 31, 1997, convicting her of robbery in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5). The defendant’s contention regarding the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, 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, the 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]; People v Johnson, 185 AD2d 247). Furthermore, the court did not improvidently exercise its discretion in denying the defendant’s motion to set aside the verdict (see, People v Johnson, 208 AD2d 562). Thompson, J. P., Joy, Florio and Luciano, JJ., concur.