Opinion
No. 2013–460 N C R.
04-09-2015
The PEOPLE of the State of New York, Respondent, v. Catherine GURSKY, Appellant.
Opinion
ORDERED that the judgments of conviction are affirmed.
Defendant was charged with disobeying a parking sign which prohibited backing into a parking spot (Code of Town of Oyster Bay § 233–17–107[b] ), and parking without a required permit (Code of Town of Oyster Bay § 233–17–100), on each of two occasions, October 9, 2012 and October 10, 2012, respectively. Following a nonjury trial conducted on February 14, 2013, pertaining to the October 10, 2012 charges, defendant was convicted of these offenses. On March 26, 2013, defendant was convicted, upon her pleas of guilty, of the October 9, 2012 charges.
To the extent that defendant is challenging the legal sufficiency of the evidence presented at trial, this issue is not preserved for appellate review (see CPL 470.05[2] ; People v. Hawkins, 11 NY3d 484, 492 [2008] ; People v. Gray, 86 N.Y.2d 10, 19 [1995] ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620 [1983] ), there is a valid line of reasoning and permissible inferences from which a rational trier of fact could have determined that defendant's guilt was proven beyond a reasonable doubt (see People v. Danielson, 9 NY3d 342, 349 [2007] ). In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470 .15[5]; Danielson, 9 NY3d 342 ), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, and observe their demeanor (see People v. Lane, 7 NY3d 888, 890 [2006] ; People v. Bleakley, 69 N.Y.2d 490, 495 [1987] ). In light of the police officer's credible testimony and the fact that defendant did not dispute that she had backed into the parking spot and that she had parked in a parking lot without the required permit, we are satisfied, upon a review of the record of the trial conducted on February 14, 2013, that the verdicts were not against the weight of the evidence (see People v. Romero, 7 NY3d 633 [2006] ).
Additionally, defendant's guilty pleas to the October 9, 2012 charges were unequivocal, and she thus waived her claims pertaining to those pleas (see People v. Mauro, 116 AD3d 1168 [2014] ).
Accordingly, the judgments of conviction are affirmed.
MARANO, P.J., IANNACCI and GARGUILO, JJ., concur.