People v Lopez
2003 NY Slip Op 18260 [1 AD3d 458]
November 10, 2003
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 28, 2004


The People of the State of New York, Respondent,
v
Rolando Lopez, Appellant.

—Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Copertino, J.), rendered November 15, 1999, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contentions are largely unpreserved for appellate review (see CPL 470.05 [2]). In any event, they are without merit. The charge to the jury was properly balanced, as the court instructed it that the defendant was an interested witness, and that it was free to find that any witnesses, including the prosecution's witnesses, were interested witnesses (see People v McCray, 204 AD2d 490 [1994]). Furthermore, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 given to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses (see People v Gaimari, 176 NY 84, 94 [1903]). 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 [1974]). 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]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit. Ritter, J.P., Florio, S. Miller and Luciano, JJ., concur.