Opinion
2007-1055 K CR.
Decided December 19, 2008.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (William L. McGuire, Jr., J.), rendered May 30, 2007. The judgment convicted defendant, upon a jury verdict, of resisting arrest.
Judgment of conviction affirmed.
PRESENT: WESTON PATTERSON, J.P., RIOS and STEINHARDT, JJ.
Defendant was charged with obstructing governmental administration in the second degree (Penal Law § 195.05) and resisting arrest (Penal Law § 205.30). After a jury trial, defendant was convicted of resisting arrest.
Defendant's present challenge to the legal sufficiency of the evidence supporting the conviction of resisting arrest is unpreserved for appellate review as defendant failed to move for dismissal at trial on this specific ground ( see People v Gray, 86 NY2d 10). In any event, the evidence, when viewed in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), was legally sufficient to establish defendant's guilt of resisting arrest (Penal Law § 205.30).
Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilty was not against the weight of the evidence (CPL 470.15; People v Danielson , 9 NY3d 342 ). It is well settled that the credibility of witnesses is a question of fact, and the resolution of issues of credibility, as well as the weight to be accorded the evidence presented, is to be decided by the trier of fact, which had an opportunity to see and hear the witnesses ( see People v Romero , 7 NY3d 633 ). The determination of the trier of fact should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( see People v Garafolo, 44 AD2d 86, 88).
Accordingly, the judgment of conviction is affirmed.
Weston Patterson, J.P., Rios and Steinhardt, JJ., concur.