Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered August 4, 2005, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that
Ordered that the judgment is affirmed.
The defendant’s argument that the photographic array was rendered unduly suggestive by the presence of height markers behind some of the stand-ins is unpreserved for appellate review (see generally People v Gray, 86 NY2d 10, 18 [1995]). In any event, the test for determining whether a pretrial identification was so unfair as to be violative of due process is whether “ The confrontation . . . was so unnecessarily suggestive and conducive to irreparable mistaken identification that [defendant] was denied due process of law’ ” (People v Logan, 25 NY2d 184, 187 [1969], cert denied 396 US 1020 [1970], quoting Stovall v Denno, 388 US 293, 301-302 [1967]). In the case of a photo array, “[t]he general rule is that [it] is deemed to be suggestive when some characteristic of one picture draws the viewer’s attention to that picture, indicating that the police have made a particular selection” (People v Mack, 243 AD2d 731 [1997]). Here, contrary to the defendant’s contention, there was nothing in his photograph to indicate that he was shorter than the other participants in the array (see People v Robert, 184 AD2d 597, 598 [1992]; People v Jackson, 151 AD2d 694 [1989]).
The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05 [2]; People v Finger, 95 NY2d 894, 895 [2000]; People v Gray, 86 NY2d 10, 20 [1995]; People v Bynum, 70 NY2d 858, 859 [1987]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Schulz, 4 NY3d 521, 529 [2005]). 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 NY3d 633, 644-645 [2006]; People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]). 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).
The defendant’s remaining contention has been withdrawn by letter dated July 17, 2006. Spolzino, J.P., Florio, Skelos and McCarthy, JJ., concur.