Opinion
2006-1929 W CR.
Decided on July 2, 2008.
Appeal from a judgment of the City Court of White Plains, Westchester County (Eric Press, J.), rendered October 23, 2006. 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 the exercise of our factual review power, we are satisfied that the verdict of guilt of harassment in the second degree (Penal Law § 240.26) 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 verdict of guilt by the lower court was supported by consistent and credible testimony.
Defendant's remaining contentions are either without merit or unpreserved for appellate review.
McCabe and Scheinkman, JJ., concur.