Appeal by defendant from a judgment of the Justice Court, Village of Suffern, Rockland County (E. Schaffel, J.), rendered April 2, 2002, convicting him of harassment in the second degree (Penal Law § 240.26 [1]) and imposing sentence.

Judgment of conviction unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to prove defendant's guilt of harassment in the second degree beyond a reasonable doubt. Resolution of issues of credibility, as well as the weight to be accorded the evidence presented, are primarily questions to be determined by the trier of fact, in this case the lower court, which had the opportunity to see and hear the witnesses (see People v Gaimari, 176 NY 84 [1903]; People v Kleiniesel, 289 AD2d 509 [2001]). Its determination should be afforded 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 was not against the weight of the evidence (see CPL 470.15 [5]).

Furthermore, under the facts presented, we find no merit to defendant's contention regarding the alleged Rosario and/or Brady violations since he was acquitted of the charge relating to the alleged Rosario and/or Brady violations (see People v Vilardi, 76 NY2d 67 [1990]; People v Johnson, 303 AD2d 208 [2003]; People v Davis, 173 AD2d 634 [1991]).
Decision Date: December 23, 2003