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THE PEOPLE, ETC., respondent, v. EL GRECO GRIZZELL, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses ( see People v. Gaimari, 176 N.Y. 84). 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 A.D.2d 86). 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).

The defendant's contention that the trial court improvidently exercised its discretion in its Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371) is without merit ( see People v. Walker, 83 N.Y.2d 455; People v. Turner, 239 A.D.2d 447; People v. Moise, 199 A.D.2d 423; People v. Pegram, 191 A.D.2d 719).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

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

RITTER, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

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PEOPLE v. GRIZZELL
(Nov 3, 2003)