Opinion
2007-1650 W CR.
Decided November 20, 2008.
Appeal from a judgment of the Justice Court of the Village of Port Chester, Westchester County (Jose Castaneda, J.), rendered August 24, 2007. The judgment convicted defendant, after a nonjury trial, of harassment in the second degree.
Judgment of conviction affirmed.
PRESENT: RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.
Upon a review of the record on appeal, we are of the opinion that the evidence, when viewed in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), was legally sufficient to establish defendant's guilt of harassment in the second degree (Penal Law § 240.26). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15; People v Danielson, 9 NY3d 342). It is well settled that the credibility of witnesses is a question of fact, and the resolution of issues of credibility, as well as the weight to be accorded the evidence presented, is to be decided by the trier of fact, which had the opportunity to see and hear the witnesses ( see People v Romero, 7 NY3d 633). 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 Garafolo, 44 AD2d 86, 88).
In the instant case, the People's case was supported by consistent and credible testimony. We find defendant's other contentions raised on appeal to be without merit or unpreserved for appellate review.
In view of the foregoing, the judgment of conviction is affirmed.
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.