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People v. Javor (Bonnie)

Appellate Term of the Supreme Court of New York, Second Department
Nov 5, 2004
2004 N.Y. Slip Op. 51350 (N.Y. App. Term 2004)

Opinion

2004-32 WCR.

Decided November 5, 2004.

Appeal by defendant from a judgment of the Justice Court, Village of Larchmont, Westchester County (J. Bernstein, J.), rendered December 4, 2003, convicting her of unsafe backing (Vehicle and Traffic Law § 1211 [a]) and imposing sentence.

Judgment of conviction unanimously affirmed.

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


Essentially, resolution of this matter turns on the credibility of the witnesses, which is primarily a question to be determined by the trier of fact, in this case the court below, which had the opportunity to see and hear the witnesses ( see People v. Gaimari, 176 NY 84). That 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). We are satisfied that the evidence was legally sufficient to establish defendant's guilt of unsafe backing beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15).


Summaries of

People v. Javor (Bonnie)

Appellate Term of the Supreme Court of New York, Second Department
Nov 5, 2004
2004 N.Y. Slip Op. 51350 (N.Y. App. Term 2004)
Case details for

People v. Javor (Bonnie)

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BONNIE JAVOR, Appellant

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

Date published: Nov 5, 2004

Citations

2004 N.Y. Slip Op. 51350 (N.Y. App. Term 2004)