Opinion
2001-1379 W CR.
Decided November 21, 2003.
Appeal by defendant from a judgment of the Justice Court, Village of Mamaroneck, Westchester County (R. Lanza, J.), rendered on April 5, 2001, convicting him of endangering the welfare of a child (Penal Law § 260.10) and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: DOYLE, P.J., LIFSON and RUDOLPH, JJ.
Viewing the evidence in the light most favorable to the People, we find that the evidence was legally sufficient to establish defendants guilt beyond a reasonable doubt ( People v. Contes, 60 NY2d 620). The evidence adduced at trial established that defendant "knowingly acted in a manner likely to be injurious to the physical, mental or moral welfare of the child" by punching him in the stomach with a clenched fist. Moreover, we find that the verdict was not against the weight of the evidence ( People v. Bleakley, 69 NY2d 490). Resolutions 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 ( People v. Gaimari, 176 NY 84, 94). The lower court's determination is to be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record ( People v. Garafolo, 44 AD2d 86, 88).