Opinion
2007-1067 W CR.
Decided November 20, 2008.
Appeal from a judgment of the Justice Court of the Town of Tarrytown, Westchester County (Kyle C. McGovern, J.), rendered July 5, 2007. The judgment convicted defendant, after a nonjury trial, of passing a red traffic signal.
Judgment of conviction affirmed.
RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ.
The evidence adduced at trial established beyond a reasonable doubt that defendant violated Vehicle and Traffic Law § 1111 (d) (1) by entering the intersection and making a right turn despite a red light and sign indicating "no turn on red."
Upon this appeal, defendant asserts that there was a blizzard at the time of the incident which, she claims, obscured her view of the red traffic signal and the "no turn on red" sign. However, the police officer who issued the ticket at the scene testified that there were clear weather conditions at the time of the incident. Defendant did not provide any documentary evidence regarding the weather conditions. Her testimony merely presented an issue of credibility, and the resolution thereof, as well as the weight to be accorded the evidence, was primarily 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). Such determination is afforded great weight on appeal and will not be disturbed unless clearly unsupported by the evidence ( see People v Garafolo, 44 AD2d 86, 88).
We find defendant's other contentions raised on appeal to be without merit or concern matters which are dehors the record.
In view of the foregoing, the judgment of conviction is affirmed.
Rudolph, P.J., McCabe and Scheinkman, JJ., concur.