[*1]
People v Javor (Bonnie)
2004 NY Slip Op 51350(U)
Decided on November 5, 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This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on November 5, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS —————————————————————————————————————————————-x PRESENT : McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
2004-32 W CR —————————————————————————————————————————————-x

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, —

against

BONNIE JAVOR, Appellant. —————————————————————————————————————————————-x


Appeal by defendant from a judgment of the Justice Court, Village of Larchmont, Westchester County (J. Bernstein, J.), rendered December 4, 2003, convicting her of unsafe backing (Vehicle and Traffic Law § 1211 [a]) and imposing sentence.


Judgment of conviction unanimously affirmed.

Essentially, resolution of this matter turns on the credibility of the witnesses, which is primarily a question to be determined by the trier of fact, in this case the court below, which had the opportunity to see and hear the witnesses (see People v Gaimari, 176 NY 84 [1903]). That 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 [1974]). We are satisfied that the evidence was legally sufficient to establish defendant's guilt of unsafe backing beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15).
Decision Date: November 05, 2004