| People v Freshun Flowers Bey |
| 2009 NY Slip Op 50345(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| This opinion is uncorrected and will not be published in the printed Official Reports. |
Appeal from judgments of the Justice Court of the Village of Croton on Hudson,
Westchester County (Sam R. Watkins, J.), rendered November 7, 2007. The judgments convicted
defendant, upon a nonjury trial, of operating a motor vehicle with a broken windshield and of
speeding.
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 operating a motor vehicle with a broken windshield (Vehicle and Traffic Law § 375 [22]) and of speeding (Vehicle and Traffic Law § 1180 [b]). Moreover, upon the exercise of our factual review power, we are satisfied that the verdicts of guilt were 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]). Accordingly, the judgments of conviction are affirmed.
Tanenbaum, J.P., Molia and LaCava, JJ., concur.
Decision Date: February 27, 2009