People v Welch (Tanisha)

[*1] People v Welch (Tanisha) 2008 NY Slip Op 51463(U) [20 Misc 3d 133(A)] Decided on July 16, 2008 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 July 16, 2008
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : RUDOLPH, P.J., McCABE and SCHEINKMAN, JJ
2007-634 N CR.

The People of the State of New York, Respondent,

against

Tanisha Welch, Appellant.

Appeal from a judgment of the Justice Court of the Village of Valley Stream, Nassau County (Robert G. Bogle, J.), rendered February 28, 2007. The judgment convicted defendant, after a nonjury trial, of failing to comply with a lawful order or direction of a police officer regulating traffic.

Judgment of conviction affirmed.

Defendant was issued a summons for having failed to move her vehicle upon being directed to do so in the parking lot of the Green Acres Mall in Valley Stream.

Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620 [1983]), we conclude that it was legally sufficient to establish defendant's guilt of violating Vehicle and Traffic Law § 1102 beyond a reasonable doubt. Furthermore, in the exercise of our power of factual review (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 349 [2007]; People v Bleakley, 69 NY2d 490, 495 [1987]), we do not set aside the verdict as against the weight of the evidence. Under the circumstances, the determination of credibility by the trier of fact, which had the opportunity to view the witnesses, hear the testimony and observe demeanor, should not be disturbed (see People v Romero, 7 NY3d 633, 644 [2006]; People v Bleakley, 69 NY2d at 495).

Accordingly, the judgment of conviction is affirmed.

Rudolph, P.J., McCabe and Scheinkman, JJ., concur.