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People v Sierra (Jose)
2009 NY Slip Op 50055(U) [22 Misc 3d 129(A)]
Decided on January 12, 2009
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This opinion is uncorrected and will not be published in the printed Official Reports.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 January 12, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : RUDOLPH, P.J., MOLIA and SCHEINKMAN, JJ
2007-1855 S CR.

The People of the State of New York, Respondent,

against

Jose Sierra, Appellant.


Appeal from a judgment of the District Court of Suffolk County, First District (Gerald Asher, J.), rendered November 26, 2007. The judgment convicted defendant, after a nonjury trial, of endangering the welfare of a child.


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 endangering the welfare of a child (Penal Law § 260.10 [1]). 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 (see 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]). As we find ample support in the record for the court's verdict, we affirm the judgment of conviction.

Rudolph, P.J., Molia and Scheinkman, JJ., concur.
Decision Date: January 12, 2009