People v Brody
2003 NY Slip Op 18846 [1 AD3d 604]
November 24, 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
Sherman Brody, Appellant.

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered June 16, 1998, convicting him of rape in the first degree and sexual abuse 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 [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 accorded 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 [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 has not preserved for appellate review his remaining contention that the verdicts were inconsistent (see CPL 470.05 [2]). In any event, the argument is without merit (see People v Palmer, 272 AD2d 891 [2000]). Florio, J.P., Friedmann, H. Miller and Mastro, JJ., concur.