PEOPLE v. PARISI (2007)

Appeal by the defendant from two judgments of the County Court, Suffolk County (Corso, J.), both rendered November 6, 2002, convicting him of assault in the second degree, menacing in the second degree, resisting arrest, and disorderly conduct under Indictment No. 1051-01, and rape in the first degree, sodomy in the first degree, robbery in the third degree, and unauthorized use of a motor vehicle in the first degree under indictment number 1505-01, upon jury verdicts, and imposing sentences.

ORDERED that the judgments are affirmed.

 Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), 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 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).   Upon the exercise of our factual review power (see CPL 470.15[5] ), we are satisfied that the verdicts of guilt were not against the weight of the evidence (see People v. Romero, supra ).

 Specifically with regard to Indictment No. 1505-01, the defendant's contention that the evidence of his guilt was wholly circumstantial and that the trial court erred in failing to give a special circumstantial evidence charge is unpreserved for appellate review, as the defendant did not request a circumstantial evidence charge or object to the charge as given (see CPL 470.05 [2];  see also People v. Brown, 209 A.D.2d 532, 532, 619 N.Y.S.2d 625;  People v. Burgos, 170 A.D.2d 689, 689, 567 N.Y.S.2d 103).   We decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15[3][c], [6][a] ).

The imposition of consecutive sentences was proper (see People v. Day, 73 N.Y.2d 208, 212, 538 N.Y.S.2d 785, 535 N.E.2d 1325;  People v. Brathwaite, 63 N.Y.2d 839, 843, 482 N.Y.S.2d 253, 472 N.E.2d 29;  People v. Almeda, 10 A.D.3d 367, 368, 780 N.Y.S.2d 377;  People v. Clark, 191 A.D.2d 576, 595 N.Y.S.2d 87).   Furthermore, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

The defendant's remaining contentions are without merit.