People v PEREZ (ANTHONY)

[*1] People v PEREZ (ANTHONY) 2004 NY Slip Op 51435(U) Decided on November 17, 2004 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on November 17, 2004
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd and 11th JUDICIAL DISTRICTS
PRESENT: PESCE, P.J., GOLIA and RIOS, JJ.
2003-393 K CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

ANTHONY PEREZ, Appellant.

Appeal by defendant from a judgment of the Criminal Court, Kings County (M. Lopez-Torres, J.), rendered on February 7, 2003, convicting him, after a non-jury trial, of attempted criminal contempt in the second degree (Penal Law §§ 110.00, 215.50 [3]) and harassment in the second degree (Penal Law § 240.26 [2]), and imposing sentence.

Judgment of conviction unanimously affirmed.

Resolutions of 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 fact which
saw and heard the witnesses (see People v Gaimari 176 NY 84, 94 [1903]; People v Kleiniesel, 289 AD2d 509 [2001]). Its determination should be accorded great weight on appeal and should only be disturbed if it is clearly unsupported by the record (see People v Garafolo, 44 AD2d 86, 88 [1974]; Kleiniesel, 289 AD2d 509). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).
Decision Date: November 17, 2004