Appeal by defendant, as limited by his brief, from a judgment of the District Court, Suffolk County (J. Kelly, J.), rendered September 23, 2002, convicting him of driving while ability impaired (Vehicle and Traffic Law § 1192 [1]) and imposing sentence.

Judgment of conviction unanimously affirmed.

Viewing the evidence in the fight most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt of driving while ability impaired beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded 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]). We note that defendant has raised no issue with respect to his conviction of aggravated unlicensed operation of a motor vehicle in the second degree.
Decision Date: March 05, 2004