Opinion
2006-745 K CR.
Decided on January 28, 2008.
Appeal from a judgment of the Criminal Court of the City of New York, Kings County (James Burke, J.), rendered September 13, 2006. The judgment convicted defendant, after a nonjury trial, of three counts of sexual abuse in the second degree and one count of endangering the welfare of a child.
Judgment of conviction affirmed.
PRESENT: WESTON PATTERSON, J.P. and RIOS, J.
Defendant failed to preserve for appellate review his legal sufficiency argument. In any event, upon a review of the record on appeal, we are of the opinion that the evidence, when viewed in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), was legally sufficient to establish defendant's guilt of three counts of sexual abuse in the second degree (Penal Law § 130.60) and one count of endangering the welfare of a child (Penal Law § 260.10).
Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt 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 complainant gave consistent and credible testimony, and said testimony was supported by the People's other witnesses. Further, there is no support in the record for the defendant's attorney's assertion that the complainant's accusations resulted from some ulterior motive.
In view of the foregoing, the judgment of conviction is affirmed.
Weston Patterson, J.P. and Rios, J., concur.