People v Salzberg (Doris)

[*1] People v Salzberg (Doris) 2012 NY Slip Op 50445(U) Decided on March 8, 2012 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 8, 2012
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., LaCAVA and IANNACCI, JJ
2011-691 N CR.

The People of the State of New York, Respondent,

against

Doris Salzberg, Appellant.

Appeal from a judgment of the Justice Court of the Village of Great Neck Plaza, Nassau County (Richard Kestenbaum, J.), rendered December 21, 2010. The judgment convicted defendant, after a nonjury trial, of overtaking and passing a school bus.

ORDERED that the judgment of conviction is affirmed.

The People charged defendant with overtaking and passing a school bus (Vehicle and Traffic Law § 1174 [a]). At a nonjury trial, the complaining officer testified that he saw a school bus come to a complete stop in the westbound lane of Cutter Mill Road near the intersection of Ipswich Avenue. The school bus activated its flashing stop lights and "deployed its stop signs on the left-hand side of the bus." Thereafter, the officer observed defendant pass the school bus as she was traveling in the eastbound lane of traffic. On direct examination, defendant initially testified that "there were no lights on that bus," but later stated that she never saw the bus at all. Following the trial, the Justice Court convicted defendant of the charged offense. Defendant appeals, arguing, in effect, that her conviction was against the weight of the evidence.

The determination of the trier of fact as to issues of credibility should be accorded great weight on appeal, as it had the opportunity to view the witnesses, hear their testimony and observe their demeanor (see People v Romero, 7 NY3d 633, 644-645 [2006]; People v Bleakley, [*2]69 NY2d 490, 495 [1987]). Moreover, such a determination should not be disturbed unless clearly unsupported by the record (see People v Mateo, 2 NY3d 383, 410 [2004]). The record herein supports the Justice Court's implicit determination to credit the testimony of the complaining officer, especially in light of defendant's conflicting testimony with respect to whether she ever saw the school bus. Thus, we find that the judgment of conviction was not against the weight of the evidence (CPL 470.15 [5]; see People v Danielson, 9 NY3d 342 [2007]).

Defendant's remaining contentions are dehors the record.

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: March 08, 2012