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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDY WALCOTT, Appellant.

Ordered that the judgment is affirmed.

On appeal, the defendant contends that the prosecution's main witness, because of his history of committing larcenous crimes, and inconsistencies in his testimony which reflect adversely upon his credibility, should not have been believed by the jury. However, 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, 94). 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, 88). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Bracken, J.P., Brown, O'Brien and Ritter, JJ., concur.

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PEOPLE v. WALCOTT
(Mar 11, 1991)