Appeal from a judgment of the Justice Court of the Village of Great Neck Plaza, Nassau County (Neil R. Finkston, J.), rendered November 15, 2011. The judgment convicted defendant, after a nonjury trial, of passing a school bus.

ORDERED that the judgment of conviction is affirmed.

After a nonjury trial, the Justice Court convicted defendant of passing a school bus that had stopped, activated its signal lights, and deployed its stop signs (Vehicle and Traffic Law § 1174 [a]). At trial, the complainant police officer reviewed his supporting deposition to refresh his memory of certain specifics of the incident and testified in detail as to the color of the bus, its markings, and its signal equipment (see Vehicle and Traffic Law § 375 [20]), and defendant's failure to stop her vehicle upon reaching the bus. Defendant, representing herself, and defendant's witness, who also claimed to have been falsely ticketed for the same offense at the same time and place, testified that the incident described by the officer had never occurred and that the officer's testimony as to the existence of a stopped school bus was a fabrication. [*2]

Defendant failed to preserve for appellate review any claim that the trial evidence was legally insufficient (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484, 491-492 [2008]; People v Gray, 86 NY2d 10, 20 [1995]) or that the testimony of the People's witness was incredible as a matter of law (People v Carlucci, 80 AD3d 621, 622 [2011]; People v Tomossone, 37 Misc 3d 131[A], 2012 NY Slip Op 51978[U], *3 [App Term, 9th & 10th Jud Dists 2012]; People v Schwartz, 33 Misc 3d 142[A], 2011 NY Slip Op 52226[U], *1 [App Term, 9th & 10th Jud Dists 2011]). In any event, the record does not support defendant's contention that the People's witness perjured himself when he testified as to defendant's commission of the offense (e.g. People v Harris, 56 AD3d 1267, 1268 [2008]; People v Garafolo, 44 AD2d 86, 88 [1974]).

Defendant's claim, in effect, that the conviction was against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]) is also without
merit. The officer's testimony as to the size, colors, markings, signal lights and safety equipment of the school bus established that the bus in question substantially complied with the requirements of Vehicle and Traffic Law § 375 (20) for an omnibus-school bus (e.g. People v Teverovskaya, 22 Misc 3d 138[A], 2009 NY Slip Op 50350[U] [App Term, 9th & 10th Jud Dists 2009]; People v Vagenas, 21 Misc 3d 135[A], 2008 NY Slip Op 52204[U], *1 [App Term, 9th & 10th Jud Dists 2008]; People v Kaler, 2003 NY Slip Op 51351[U] [App Term, 9th & 10th Jud Dists 2003]; cf. People v Robinson, 39 Misc 3d 128[A], 2013 NY Slip Op 50420[U], *1 [App Term, 9th & 10th Jud Dists 2013]). Further, resolution of issues of credibility and the evidentiary weight to be accorded the evidence is primarily for the trier of fact, who had the opportunity to "view the witnesses, hear the testimony and observe demeanor" (People v Romero, 7 NY3d 633, 644 [2006], quoting People v Bleakley, 69 NY2d 490, 495 [1987]). Those determinations are accorded "great deference on appeal" (People v Dunbar, 104 AD3d 198, 217 [2013]) and will not be disturbed unless clearly unsupported by the record (People v Mateo, 2 NY3d 383, 410 [2004]; People v Garafolo, 44 AD2d at 88). The record herein amply supports the Justice Court's determination to accept the officer's account of the incident and to reject the contrary versions of defendant and her witness (e.g. People v Salzberg, 34 Misc 3d 159[A], 2012 NY Slip Op 50445[U], *2 [App Term, 9th & 10th Jud Dists 2012]). We have considered defendant's remaining contentions and find them to be without merit (People v Taylor, 80 NY2d 1, 8 [1992]; People v McIntyre, 36 NY2d 10, 18 [1974]; People v Lewis, 232 AD2d 239 [1996]; People v Mayeri, 34 Misc 3d 142[A], 2012 NY Slip Op 50093[U] [App Term, 9th & 10th Jud Dists 2012]).

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., LaSalle and Marano, JJ., concur.
Decision Date: July 08, 2013