Opinion
2004-494 KCR.
Decided March 1, 2006.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (James M. Burke, J.), rendered March 23, 2004. The judgment convicted defendant, after a nonjury trial, of speeding, participating in a speed contest and races, and reckless driving.
Judgment of conviction affirmed.
PRESENT: WESTON PATTERSON, J.P., GOLIA and BELEN, JJ.
The defendant was charged with, and convicted of, speeding (Vehicle and Traffic Law § 1180 [d]), participating in a speed contest and races (Vehicle and Traffic Law § 1182), and reckless driving (Vehicle and Traffic Law § 1212). Defendant's contention that the People failed to adduce legally sufficient evidence of his identity as the driver of the car is unpreserved for appellate review ( see CPL 470.05; People v. Majors, 18 AD3d 886). In any event, viewing the evidence in a light most favorable to the People ( see People v. Contes, 60 NY2d 620), it was legally sufficient to establish defendant's identity and guilt of the charges beyond a reasonable doubt. Resolution of issues of credibility, as well as the weight to be accorded 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 findings of guilt were not against the weight of the evidence ( see CPL 470.15).
Weston Patterson, J.P., Golia and Belen, JJ., concur.