Appeal from judgments of the District Court of Nassau County, First District (Sondra K. Pardes, J.), rendered January 28, 2011. The judgments convicted defendant, after a nonjury trial, of driving while intoxicated per se and of driving with substandard tires, respectively.

ORDERED that the judgments of conviction are affirmed.

After a nonjury trial, defendant was convicted of driving while intoxicated per se (Vehicle and Traffic Law § 1192 [2]) and driving with substandard tires (Vehicle and Traffic Law § 375 [35] [c]). Upon the exercise of our factual review power, we are satisfied that the verdicts of guilty were not against the weight of the evidence (CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]). As defendant's testimony gave a different account of the events than that presented by the People's witnesses, 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 court's credibility determinations.

Defendant's remaining issue, that the court's 43-day delay in rendering a verdict violated CPL 350.10, was not preserved for appellate review since defense counsel did not protest the length of the adjournment and, indeed, specifically acquiesced to it (see CPL 470.05 [2]; People v Torrence, 305 AD2d 1042, 1043-1044 [2003]; People v Francis, 189 AD2d 822 [1993]; People v Williams, 24 Misc 3d 131[A], 2009 NY Slip Op 51358[U] [App Term, 9th & 10th Jud Dists 2009]; cf. People v Hryn, 144 AD2d 961 [1988]).

Accordingly, the judgments of conviction are affirmed.

Marano, J.P., Nicolai and LaSalle, JJ., concur.
Decision Date: December 16, 2013