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People v Gordon (David)
2008 NY Slip Op 50898(U) [19 Misc 3d 139(A)]
Decided on April 21, 2008
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This opinion is uncorrected and will not be published in the printed Official Reports.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 April 21, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : TANENBAUM, J.P., MOLIA and SCHEINKMAN, JJ
2006-1820 W CR.

The People of the State of New York, Respondent,

against

David Scott Gordon, Appellant.


Appeal from a judgment of the Justice Court of the Town of Bedford, Westchester County (Charles G. Banks, Jr., J.), rendered October 16, 2006. The judgment convicted defendant, after a nonjury trial, of harassment in the second 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 harassment in the second degree (Penal Law § 240.26 [3]). 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]).

We find defendant's other contentions raised on appeal to be without merit. Accordingly, the judgment of conviction is affirmed.

Tanenbaum, J.P., Molia and Scheinkman, JJ., concur.
Decision Date: April 21, 2008