Appeal from a judgment of the District Court of Nassau County, First District (Norman St. George, J.), rendered June 23, 2006. The judgment convicted defendant, upon a jury verdict, of assault in the third degree.

Judgment of conviction affirmed.

Upon a review of the record, we are of the opinion that the evidence, when viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish defendant's guilt of assault in the third degree (Penal Law § 120.00 [2]). We note that the evidence as to the complainant's injuries was more than sufficient to establish the element of "physical injury" under section 120.00 of the Penal Law (see Penal Law § 10.00 [9]).

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 (CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]). It is well settled that the credibility of witnesses is a question of fact, and the 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]). In the instant case, the victim gave consistent and credible testimony, and said testimony was supported by the People's other witnesses.

In view of the foregoing, the judgment of conviction is affirmed.

McCabe, J.P., Tanenbaum and Scheinkman, JJ., concur. [*2]
Decision Date: April 21, 2008