People v Grizzell
2003 NY Slip Op 18065 [1 AD3d 377]
November 3, 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
El Greco Grizzell, Appellant.

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered February 2, 1999, convicting him of sodomy in the first degree, sexual abuse in the first degree (two counts), and unlawful imprisonment in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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 [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 [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 defendant's contention that the trial court improvidently exercised its discretion in its Sandoval ruling (see People v Sandoval, 34 NY2d 371 [1974]) is without merit (see People v Walker, 83 NY2d 455 [1994]; People v Turner, 239 AD2d 447 [1997]; People v Moise, 199 AD2d 423 [1993]; People v Pegram, 191 AD2d 719 [1993]).

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

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit. Ritter, J.P., Goldstein, Townes and Rivera, JJ., concur.