Opinion
2005-919 N CR.
Decided June 5, 2008.
Appeal from a judgment of the Justice Court of the Village of Great Neck Estates, Nassau County (Steven Raymond, J.), rendered May 31, 2005. The judgment convicted defendant, after a nonjury trial, of failing to yield the right of way while turning left.
Judgment of conviction affirmed.
PRESENT: RUDOLPH, P.J., TANENBAUM and MOLIA, JJ.
The proof showed that defendant turned left from a stopped position on Middle Neck Road onto Beverly Road in Great Neck Estates. Although a driver approaching from the opposite direction indicated to defendant that he could go, defendant appears to have been unaware of at least two other motorists approaching in another lane. A police officer with 19 years' experience testified that he was proceeding toward the subject intersection behind another motorist who, upon coming close to the intersection, slammed on his brakes to avoid a possible collision with defendant. The officer thereupon stopped defendant and issued a ticket.
Viewing the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620), we deem it legally sufficient to establish all of the elements of the traffic infraction of failing to yield the right of way while turning left (Vehicle and Traffic Law § 1141) beyond a reasonable doubt. Furthermore, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342; People v Bleakley, 69 NY2d 490, 495).
The other issues raised herein are similarly lacking in merit.
Rudolph, P.J., Tanenbaum and Molia, JJ., concur.