Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Barry Kron, J.), rendered June 23, 2005. The judgment convicted defendant, after a nonjury trial, of attempted sexual misconduct.

Judgment of conviction affirmed.

Upon a review of the record, we are of the opinion that the verdict of guilt of attempted sexual misconduct (Penal Law §§ 110.00, 130.20) 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 given great deference and should not be disturbed unless "it appears that the trier of fact has failed to give the evidence the weight it should be accorded" (see People v Mateo, 2 NY3d 383, 410 [2004]). Accordingly, the judgment of conviction is affirmed.

Weston Patterson, J.P., Golia and Steinhardt, JJ., concur.
Decision Date: February 27, 2009