| People v Fabiani (John) |
| 2014 NY Slip Op 50183(U) [42 Misc 3d 140(A)] |
| Decided on January 31, 2014 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Scarsdale, Westchester
County (John H. Galloway, J.), rendered July 19, 2012. The judgment convicted
defendant, after a nonjury trial, of overtaking and passing a school bus.
ORDERED that the judgment of conviction is affirmed.
After a nonjury trial, defendant was convicted of passing a stopped school bus that had its red lights flashing (Vehicle and Traffic Law § 1174 [a]). Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish defendant's guilt of overtaking and passing a school bus (Vehicle and Traffic Law § 1174 [a]). Furthermore, upon the exercise of our factual review power (see CPL 470.15 [5] People v Danielson, 9 NY3d 342, 348-349 [2007]), while according great deference to the trier of fact's opportunity to view the witnesses, hear their testimony, observe their demeanor, and assess their credibility (see People v Lane, 7 NY3d 888, 890 [2006] People v Bleakley, 69 NY2d 490, 495 [1987]), we are satisfied that the verdict of the Justice Court was not against the weight of the evidence (see People v Romero, 7 NY3d 633, 643-646 [2006]).
Accordingly, the judgment of conviction is affirmed.
Nicolai, P.J., LaSalle and Marano, JJ., concur.
Decision Date: January 31, 2014