| People v Rivera |
| 2008 NY Slip Op 02620 [49 AD3d 783] |
| March 18, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v ReneRivera, Appellant. |
—[*1] Thomas P. Zugibe, District Attorney, New City, N.Y. (Tina L. Guccione of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.),rendered April 19, 2005, convicting him of murder in the second degree, criminal possession of acontrolled substance in the fourth degree, criminal possession of marijuana in the fourth degree,and criminally using drug paraphernalia in the second degree (three counts), upon a jury verdict,and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt ofmurder in the second degree is unpreserved for appellate review (see CPL 470.05 [2];People v Finger, 95 NY2d 894, 895 [2000]; People v Palompelli, 296 AD2d 557,558 [2002]). In any event, viewing the evidence in the light most favorable to the prosecution(see People v Contes, 60 NY2d 620 [1983]), it was legally sufficient to establish, beyonda reasonable doubt, that the defendant, while acting in concert (see Penal Law §20.00), caused the victim's death and intended to do so (see Penal Law § 125.25[1]; People v James, 198 AD2d 146 [1993]).
Moreover, resolution of issues of credibility is primarily a matter to be determined by thejury, which saw and heard the witnesses, and its determination should be accorded greatdeference on appeal (see People vRomero, 7 NY3d 633, 644-645 [2006]; People v Mateo, 2 NY3d 383, 410[2004]). Upon the exercise of our factual review power (see CPL 470.15 [5]), we aresatisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]).[*2]
Viewing the record as a whole, the defendant wasafforded meaningful representation (see People v Henry, 95 NY2d 563, 566 [2000];People v Ford, 86 NY2d 397, 404 [1995]).
The remaining contentions raised in the defendant's supplemental pro se brief areunpreserved for appellate review and, in any event, either are without merit or do not warrantreversal. Spolzino, J.P., Florio, Angiolillo and Dickerson, JJ., concur.