[*1]
People v Fiore (Suzanne)
2009 NY Slip Op 50340(U) [22 Misc 3d 138(A)]
Decided on February 27, 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This opinion is uncorrected and will not be published in the printed Official Reports.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 February 27, 2009
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS

PRESENT: : TANENBAUM, J.P., MOLIA and LaCAVA, JJ
2007-378 W CR.

The People of the State of New York, Respondent,

against

Suzanne Fiore, Appellant.


Appeal from judgments of the Justice Court of the Village of Tuckahoe, Westchester County (David Otis Fuller, Jr., J.), rendered January 30, 2007. The judgments convicted defendant, after a nonjury trial, of disorderly conduct and harboring a nuisance dog.


Judgments 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 disorderly conduct in violation of section 240.20 (2) of the Penal Law and of harboring a dog which constituted a nuisance by reason of its prolonged barking in violation of section 5-24 of the Tuckahoe Village Code. 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 Mateo, 2 NY3d 383, 410 [2004]). We find defendant's other contentions raised on appeal to be without merit or unpreserved. Accordingly, the judgments of conviction are affirmed.

Tanenbaum, J.P., Molia and LaCava, JJ., concur. [*2]
Decision Date: February 27, 2009