PEOPLE v. SMOOT (1999)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered December 5, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant was convicted of criminal sale of a controlled substance in the third degree for selling heroin to an undercover officer in exchange for ten dollars in prerecorded “buy” money.   On appeal, the defendant contends that his conviction was against the weight of the evidence because he credibly testified that he was simply waiting in line to purchase drugs for his own use when another individual made the sale.   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, 68 N.E. 112).   The jury's determination should be accorded great weight on appeal and should not be disturbed where, as here, it is supported by the record (see, People v. Garafolo, 44 A.D.2d 86, 88, 353 N.Y.S.2d 500).

 Furthermore, the Supreme Court did not err in denying the defendant's motion for a mistrial based upon the prosecution's delay in producing Rosario material consisting of the undercover officer's handwritten description of the suspects.   The existence of the subject notes was revealed while the undercover officer was still on the stand, and the defendant failed to establish that the delayed production substantially prejudiced his defense (see, People v. Gramby, 251 A.D.2d 346, 673 N.Y.S.2d 1014;  People v. Farner, 234 A.D.2d 561, 652 N.Y.S.2d 613;  People v. Best, 186 A.D.2d 141, 587 N.Y.S.2d 429).

The defendant's remaining contentions are without merit.

MEMORANDUM BY THE COURT.