| People v Cooper (Winston) |
| 2003 NY Slip Op 51349(U) |
| Decided on September 25, 2003 |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Appellate Term, Second Department |
Digest-Index Classification: Crimes—Appeal—Preservation of Issue for Review
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[*2]Appeal by defendant from a judgment of the Criminal Court, Kings County (M. Lopez-Torres, J.), rendered May 9, 2002, convicting him, after a non-jury trial, of attempted assault in the third degree and harassment in the second degree, and imposing sentence.
Judgment of conviction unanimously affirmed.
The defendant failed to preserve for appellate review his contentions that the testimony of the complainant was so unworthy of belief as to render the evidence legally insufficient to establish his guilt and to disprove his justification defense beyond a reasonable doubt, since he did not specify these grounds in his motion to dismiss (see CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Dozier, 305 AD2d 696; People v Johnson, 302 AD2d 539; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620), it was legally sufficient. 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). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see People v Garafblo, 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]).
[*3]Decision Date: September 25, 2003