| People v Cruz |
| 2008 NY Slip Op 03467 [50 AD3d 914] |
| April 15, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v George Cruz, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and KarenWigle Weiss of counsel; Lijue T. Philip on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.),rendered May 9, 2006, convicting him of burglary in the second degree and criminal possessionof stolen property in the fifth degree, after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the trial court's verdict was not against the weight of theevidence. While the defendant argues that the testimony of the People's witnesses wasinconsistent and incredible, resolution of issues of credibility is primarily a matter to bedetermined by the factfinder, which saw and heard the witnesses (see People v Romero, 7 NY3d633, 644-645 [2006]). Its determination is accorded great weight on appeal and should notbe disturbed unless clearly unsupported by the record (see People v Garafolo, 44 AD2d86, 88 [1974]). Upon the exercise of our factual review power (see CPL 470.15 [5]), weare satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]; People v Prahalad, 295 AD2d 373 [2002]; People v Booker, 158 AD2d700 [1990]). Skelos, J.P., Covello, Eng and Leventhal, JJ., concur.