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People v Amasifen (Boris)
2013 NY Slip Op 51727(U) [41 Misc 3d 129(A)]
Decided on October 7, 2013
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This opinion is uncorrected and will not be published in the printed Official Reports.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 October 7, 2013
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 2d, 11th and 13th JUDICIAL DISTRICTS

PRESENT: : PESCE, P.J., WESTON and RIOS, JJ
2011-2334 Q CR.

The People of the State of New York, Respondent, —

against

Boris Amasifen, Appellant.


Appeal from a judgment of the Criminal Court of the City of New York, Queens County (Stephanie L. Zaro, J.), rendered July 28, 2011. The judgment convicted defendant, after a nonjury trial, of sexual abuse in the third degree and harassment in the second degree.


ORDERED that the judgment of conviction is affirmed.

On this appeal from a judgment convicting defendant, after a nonjury trial, of sexual abuse in the third degree (Penal Law § 130.55) and harassment in the second degree (Penal Law § 240.26 [1]), defendant contends that the guilty verdict was against the weight of the evidence.

Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]). As defendant gave a different account of the events than that presented by the victim, the respective testimonies presented an issue of credibility. The resolution of issues of credibility, as well as the weight to be accorded the evidence presented, is for 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 afforded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see People v Mateo, 2 NY3d 383, 410 [2004]). In our view, there is no basis to disturb the Criminal Court's determination.

Accordingly, the judgment of conviction is affirmed.

Pesce, P.J., Weston and Rios, JJ., concur.
Decision Date: October 07, 2013