[*1]
People v Gelfand (Jacob)
2008 NY Slip Op 52565(U) [21 Misc 3d 146(A)]
Decided on December 19, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 December 19, 2008
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ
2008-328 D CR.

The People of the State of New York, Respondent,

against

Jacob N. Gelfand, Appellant.


Appeal from a judgment of the Justice Court of the Town of Pleasant Valley, Dutchess County (Thomas A. Reed, J.), rendered November 7, 2007. The judgment convicted defendant, after a nonjury trial, of speeding.


Judgment of conviction affirmed.

Defendant was convicted of the traffic infraction of speeding (Vehicle and Traffic Law § 1180 [b]). Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that it was legally sufficient to establish all of the elements of speeding beyond a reasonable doubt. Defendant's challenge to the sufficiency of the evidence is based on the trooper's testimony that the color of the vehicle which he observed speeding and which he pulled over was black, whereas a registration for such vehicle issued on the date of trial and admitted into evidence, indicated it was gray.

Although the trooper testified that the vehicle looked black to him, he also indicated that he was not "troubled" that the registration said gray. To the extent that the registration was used in an attempt to impeach the trooper's credibility, the trooper did not view the distinction between black and gray as affecting his testimony. At best, the asserted discrepancy presented an issue of credibility for the trial court, and we do not view the claimed difference between black and gray to be so substantial as to warrant our disturbing the credibility assessment, and the resulting guilty verdict, of the trier of fact (see People v Kearse, 18 Misc 3d 1103[A], 2007 NY Slip Op 52390[U] [2007]; cf. People v La Borde, 66 AD2d 803 [1978]). Accordingly, the judgment of conviction is affirmed.

Rudolph, P.J., Molia and Scheinkman, JJ., concur. [*2]
Decision Date: December 19, 2008