PEOPLE v. GUILLEN (2007)

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered May 10, 2005, convicting her of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that the defense of justification was disproved beyond a reasonable doubt (see Penal Law § 35.15;  People v. Lance, 31 A.D.3d 467, 817 N.Y.S.2d 514, lv. denied 7 N.Y.3d 814, 822 N.Y.S.2d 489, 855 N.E.2d 805;  People v. Grey, 282 A.D.2d 544, 545, 722 N.Y.S.2d 758;  People v. O'Brien, 270 A.D.2d 433, 433-434, 705 N.Y.S.2d 258;  People v. Arlequin, 214 A.D.2d 747, 748, 625 N.Y.S.2d 613).   Furthermore, 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 N.Y.3d 633, 644-645, 826 N.Y.S.2d 163, 859 N.E.2d 902;  People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053, cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828).   Upon the exercise of our factual review power (see CPL 470.15[5] ), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, supra;  People v. O'Brien, supra at 434, 705 N.Y.S.2d 258).