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People v. Canales

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Apr 3, 2015
17 N.Y.S.3d 384 (N.Y. App. Div. 2015)

Opinion

No. 2007–1787 K CR.

04-03-2015

The PEOPLE of the State of New York, Respondent, v. Rene CANALES, Appellant.


Opinion

ORDERED that the judgment of conviction is affirmed.

After a nonjury trial, defendant was convicted of patronizing a prostitute in the fourth degree (Penal Law former § 230.03). On appeal, defendant contends that the guilty verdict was against the weight of the evidence.

Upon the exercise of our factual review power, we are satisfied that the guilty verdict was not against the weight of the evidence (see CPL 470.15 [5 ]; People v. Danielson, 9 NY3d 342 [2007] ). As defendant's testimony gave a different account of the events than that presented by the People's witnesses, the respective testimonies presented an issue of credibility. However, the resolution of issues of credibility, as well as the weight to be accorded the evidence presented, is for the trier of fact, which had the opportunity to see and hear the witnesses (see People v. Romero, 7 NY3d 633 [2006] ). The determination of the trier of fact should be afforded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see People v. Mateo, 2 NY3d 383, 410 [2004] ). In our view, there is no basis to disturb the Criminal Court's credibility determinations.

Accordingly, the judgment of conviction is affirmed.

PESCE, P.J., WESTON and ELLIOT, JJ., concur.


Summaries of

People v. Canales

Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.
Apr 3, 2015
17 N.Y.S.3d 384 (N.Y. App. Div. 2015)
Case details for

People v. Canales

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Rene CANALES…

Court:Supreme Court, Appellate Term, Second Dept., 2, 11 & 13 Judicial Dist.

Date published: Apr 3, 2015

Citations

17 N.Y.S.3d 384 (N.Y. App. Div. 2015)