Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Cesar Quinones, J.H.O.), rendered November 1, 2006. The judgment, after a nonjury trial, convicted defendant of violating section 4-07 (c) (3) (i) of Title 34 of the Rules of the City of New York.

Judgment of conviction 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPLR 470.15 [5]).

The determination of the instant case hinged upon resolving issues of credibility. It is well settled that the credibility of witnesses is a question of fact, and resolution of issues of credibility, as well as the weight to be accorded the evidence presented, is to be decided by the trier of fact, which had the opportunity to see and hear the witnesses (see People v Romero, 7 NY3d 633 [2006]). The determination of the trier of fact 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]). We find that defendant's other contentions raised on appeal are without merit or do not require reversal. Accordingly, we affirm the judgment of conviction.

Pesce, P.J., Weston Patterson and Golia, JJ., concur.
Decision Date: March 21, 2008