Opinion
2003-1577 WCR.
Decided October 14, 2004.
Appeal by defendant from a judgment of the Justice Court, Village of Bronxville, Westchester County (G. McKinnis, J.), rendered October 8, 2003, convicting her, after a bench trial, of failing to stop at a stop sign (Vehicle and Traffic Law § 1172 [a]) and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.
Viewing the evidence in the light most favorable to the People ( see People v. Contes, 60 NY2d 620), we find that the evidence adduced at trial was legally sufficient to establish defendant's guilt beyond a reasonable doubt. The crux of the case at bar concerns the credibility of the witnesses and resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions of fact to be determined by the trier of fact, which saw and heard the witnesses ( see People v. Gaimari, 176 NY 84, 94). Inasmuch as the trial court was in the best position to determine the credibility of the witnesses, its determination should be accorded great weight on appeal ( see People v. Garafolo, 44 AD2d 86, 88), and we find that the verdict was not against the weight of the evidence ( see CPL 470.15).