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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANNY GARCIA, Also Known as JASON DELEON, Also Known as JACOB GUEREO, Appellant.

Ordered that the judgment is affirmed.

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 jury, 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 at 644-645).

Contrary to the defendant's contention, the hearing court's Sandoval ruling ( see People v Sandoval, 34 NY2d 371) constituted a provident exercise of its discretion. The fact that the defendant may have been the only possible source of testimony for his defense increased the importance of his credibility and his testimony, and did not mandate a ruling prohibiting inquiry about his prior conduct ( see People v Cruz, 21 AD3d 967, 968).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

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PEOPLE v. GARCIA
(Nov 27, 2007)