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PEOPLE v. DE PALMA (MARK)

Appellate Term of the Supreme Court of New York, Second Department
Oct 28, 2004
2004 N.Y. Slip Op. 51287 (N.Y. App. Term 2004)

Opinion

2003-21 WCR.

Decided October 28, 2004.

Appeal by defendant from judgments of the Justice Court, Village of Bronxville, Westchester County (A. Wentzel, J.), rendered on December 12, 2002, convicting him, upon a non-jury trial, of leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [a]) and having an expired inspection sticker (Vehicle and Traffic Law § 306 [b]), and imposing fines.

Judgments of conviction unanimously affirmed.

PRESENT: McCABE, P.J., RUDOLPH and ANGIOLILLO, JJ.


Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt of leaving the scene of an incident without reporting (Vehicle and Traffic Law § 600 [a]) and having an expired inspection sticker (Vehicle and Traffic Law § 306 [b]).

Moreover, resolution of issues of credibility, as well as the weight to be given to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses ( see People v. Gaimari, 176 NY 84, 94). Its determination 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). Upon the exercise of our factual review power, we are satisfied that the verdicts of guilt were not against the weight of the evidence ( see CPL 470.15).


Summaries of

PEOPLE v. DE PALMA (MARK)

Appellate Term of the Supreme Court of New York, Second Department
Oct 28, 2004
2004 N.Y. Slip Op. 51287 (N.Y. App. Term 2004)
Case details for

PEOPLE v. DE PALMA (MARK)

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK S. De PALMA…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 28, 2004

Citations

2004 N.Y. Slip Op. 51287 (N.Y. App. Term 2004)