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People v Khanna (Pragna)
2006 NY Slip Op 52507(U) [14 Misc 3d 128(A)]
Decided on December 19, 2006
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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2006
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., McCABE and LIPPMAN, JJ
2006-211 RO CR.

The People of the State of New York, Respondent,

against

Pragna Khanna, Appellant.


Appeal from judgments of the Justice Court of the Town of Clarkstown, Rockland County (Joel J. Flick, J.), rendered February 7, 2006. The judgments convicted defendant, after a nonjury trial, of two charges of passing a red light.


Judgments of conviction affirmed.

Defendant was charged in two simplified traffic informations with passing red lights (Vehicle and Traffic Law § 1111) and found guilty as charged. On appeal, defendant contends that the verdicts of guilt were against the weight of the evidence. It is well settled that issues of credibility are primarily questions to be determined by the trier of fact, which had the opportunity to see and hear the witnesses. Its determination
is given great weight on appeal and will not be disturbed unless the trier of fact has failed to give the evidence the weight it should be accorded (see People v Romero,
___ NY3d ___, 2006 NY Slip Op 08640; People v Bleakley, 69 NY2d 490, 494 [1987]). We find no basis to disturb the lower court's determination regarding issues of credibility.

Defendant's remaining contentions are without merit.

Rudolph, P.J., McCabe and Lippman, JJ., concur.
Decision Date: December 19, 2006