| People v Wiltshire (Victoria) |
| 2014 NY Slip Op 50533(U) [43 Misc 3d 129(A)] |
| Decided on March 21, 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| This opinion is uncorrected and will not be published in the printed Official Reports.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 Town of LaGrange, Dutchess
County (Joseph A. Egitto, J.), rendered September 25, 2012. The judgment convicted
defendant, after a nonjury trial, of failing to stop at a stop sign.
ORDERED that the judgment of conviction is affirmed.
Following a nonjury trial, defendant was convicted of failing to stop at a stop sign (Vehicle and Traffic Law § 1172 [a]). Among other things, she claims that the New York State trooper who issued a ticket to her was mistaken when he claimed to have observed her fail to come to a complete stop at a stop line.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that the trooper's testimony that he had observed defendant fail to come to a complete stop was legally sufficient to establish defendant's guilt of the offense charged. Moreover, in conducting our independent review of the weight of the evidence (see CPL 470.15 [5] People v Danielson, 9 NY3d 342 [2007] People v Bleakley, 69 NY2d 490, 495 [1987]), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (see People v Mateo, 2 NY3d 383, 410 [2004]). As defendant "gave a different account of the events from that presented" by the complaining trooper, "the respective testimonies presented an issue of credibility" (People v Aalaam, 40 Misc 3d 131[A], 2013 NY Slip Op 51129[U] [App Term, 2d, 11th & 13th Jud Dists 2013]). Upon our review of the record, we find that the judgment convicting defendant of failing to stop at a stop sign was not against the weight of the evidence (see People v Romero, 7 NY3d 633, 643-644 [2006] People v Bleakley, 69 NY2d at 493).
Defendant's remaining contentions are without merit.
Accordingly, the judgment of conviction is affirmed.
Nicolai, P.J., Iannacci and Tolbert, JJ., concur.
Decision Date: March 21, 2014