| People v De Palma (Mark) |
| 2004 NY Slip Op 51287(U) |
| Decided on October 28, 2004 |
| Appellate Term, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal by defendant from judgments of the Justice Court, Village of Bronxville, Westchester County (A. Wentzel, J.), rendered on December 12, 2002, convicting him, upon a non-jury trial, of leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [2] [a]) and having an expired inspection sticker (Vehicle and Traffic Law § 306 [b]), and imposing fines.
Judgments of conviction unanimously affirmed.
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 defendant's guilt beyond a reasonable doubt of leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [2] [a]) and having an expired inspection sticker (Vehicle and Traffic Law § 306 [b]).
Moreover, resolution of issues of credibility, as well as the weight to be given to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses (see People v Gaimari, 176 NY 84, 94 [1903]). 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 AD2d 86, 88 [1974]). Upon the exercise of our factual review power, we are satisfied that the verdicts of guilt were not against the weight of the evidence (see CPL 470.15 [5]).
Decision Date: October 28, 2004