Opinion
570015/04.
Decided September 28, 2005.
Defendant appeals from a judgment of the Criminal Court, New York County, rendered October 31, 2003 after a nonjury trial (Barbara Jaffe, J.) convicting her of aggravated unlicensed operation of a motor vehicle in the third degree (Vehicle and Traffic Law § 511[a]) and unlicensed driving (Vehicle and Traffic Law § 509) and imposing sentence.
Judgment of conviction rendered October 31, 2003 (Barbara Jaffe, J.) affirmed.
PRESENT: HON. WILLIAM P. McCOOE, J.P., HON. MARTIN SCHOENFELD, HON. PHYLLIS GANGEL-JACOB, Justices.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the finder of facts, in this case the trial court, which saw and heard the witnesses ( see People v. Gaimari, 176 NY2d 84, 94). Based upon the credited evidence, including the undisputed showing of the defendant's numerous prior license suspensions, at least four of which remained "active" at the time of the incident giving rise to this prosecution, and her then recent arrest in New Jersey on charges of driving with a suspended New York license, the court rationally could find that defendant knew or had reason to know that her driver's license was suspended at the time of the occurrence ( see Vehicle and Traffic Law § 511[a]; cf. People v. Ham, 265 AD2d 674).
This constitutes the decision and order of the court.
I concur