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PEOPLE v. BURBRIDGE

Appellate Division of the Supreme Court of New York, Second Department.
May 13, 2008
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Ordered that the judgment is affirmed.

The defendant was convicted of criminal possession of a weapon in the third degree. He claims that his conviction was not based on legally sufficient evidence. We disagree. Viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility is primarily a matter to be determined by the trier of fact, which saw and heard the witnesses, and its determination should be accorded great deference on appeal ( see People v Romero, 7 NY3d 633, 644-645; People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946). Upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).