| People v Teverovskaya (Maria) |
| 2009 NY Slip Op 50350(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| This opinion is uncorrected and will not be published in the printed Official Reports.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 a judgment of the Justice Court of the Village of Larchmont, Westchester
County (Thea S. Beaver, J.), rendered November 15, 2007. The judgment convicted defendant,
after a nonjury trial, of overtaking and passing a school bus.
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 overtaking and passing a school bus (Vehicle and Traffic Law § 1174 [a]). The People established that the bus in question was a school bus with markings and lights in substantial compliance with the requirements of sections 375 (20) and 1174 (a) of the Vehicle and Traffic Law (People v Kaler, 2003 NY Slip Op 51351[U] [App Term, 9th & 10th Jud Dists 2003]). 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]; 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]). Accordingly, the judgment of conviction is affirmed.
Tanenbaum, J.P., Molia and LaCava, JJ., concur.
Decision Date: February 27, 2009