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).