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The PEOPLE, etc., respondent, v. Lawrence BILLINGS, appellant.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.), rendered July 2, 2003, convicting him of criminal possession of a controlled substance in the fourth degree and criminally using drug paraphernalia in the second degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The testimony adduced at trial established that, upon the execution of a search warrant, the defendant was found alone in a bedroom, behind a locked door, surrounded by numerous bags of narcotics and various items of drug paraphernalia. 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, 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). 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, 353 N.Y.S.2d 500). 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[5] ).
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Decided: November 14, 2005
Court: Supreme Court, Appellate Division, Second Department, New York.
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