People v Trinche (Peter)

[*1] People v Trinche (Peter) 2010 NY Slip Op 50419(U) [26 Misc 3d 143(A)] Decided on March 9, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 March 9, 2010
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., TANENBAUM and MOLIA, JJ
2008-1277 N CR.

The People of the State of New York, Respondent,

against

Peter Trinche, Appellant.

Appeal from a judgment of the City Court of Glen Cove, Nassau County (Joseph D. McCann, J.), rendered June 3, 2008. The judgment convicted defendant, after a nonjury trial, of passing a red light.

ORDERED that the judgment of conviction is affirmed.

Defendant was convicted, following a nonjury trial, of failing to stop at a steady red light (Vehicle and Traffic Law § 1111 [d] [1]). 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 [1983]), was legally sufficient to establish defendant's guilt. Moreover, giving much deference to the trial court's verdict, particularly with respect to its credibility determinations (People v Lane, 7 NY3d 888, 890 [2006]; see also People v Romero, 7 NY3d 633, 644-645 [2006]), even as we conduct our own review of the evidence (see People v Danielson, 9 NY3d 342 [2007]), we find that the verdict was not against the weight of the evidence. Defendant's remaining contentions similarly lack merit.

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Tanenbaum and Molia, JJ., concur.
Decision Date: March 09, 2010