People v Yeroushalmi (Moussa)

[*1] People v Yeroushalmi (Moussa) 2015 NY Slip Op 50821(U) Decided on May 19, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 May 19, 2015
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : MARANO, P.J., IANNACCI and GARGUILO, JJ.
2013-1185 N CR

The People of the State of New York, Respondent,

against

Moussa Yeroushalmi, Appellant.

Appeal from a judgment of the Justice Court of the Village of Kings Point, Nassau County (Howard C. Miskin, J.), rendered May 16, 2013. The judgment convicted defendant, after a nonjury trial, of failing to stop at a stop sign.

ORDERED that the judgment of conviction is affirmed.

Following a nonjury trial, defendant was convicted of failing to stop at a stop sign (Vehicle and Traffic Law § 1172 [a]). Defendant contends, among other things, that the police officer who issued the ticket to him could not have seen him fail to come to a stop at the stop sign at the intersection where the officer claims to have observed him. In addition, defendant challenges the geographical jurisdiction of the Justice Court of the Village of Kings Point over the offense.

Defendant's contention that the court lacked geographical jurisdiction is raised for the first time on appeal and is not preserved for appellate review (see People v McLaughlin, 80 NY2d 466, 471 [1992]; People v Hinds, 77 AD3d 429, 430 [2010]; People v Banks, 38 AD3d 938 [2007]), and we decline to review it.

In conducting an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]; People v Bleakley, 69 NY2d 490, 495 [1987]), we accord great deference to the factfinder's opportunity to view the witnesses, hear their testimony, observe their demeanor and assess their credibility (see People v Mateo, 2 NY3d 383, 410 [2004]). As defendant gave a different account of the events from that presented by the complaining police officer, the issue presented is primarily one of credibility. Upon our review of the record, we find that the judgment convicting defendant of failing to stop at a stop sign was not against the weight of the evidence.

Accordingly, the judgment of conviction is affirmed.

Marano, P.J., Iannacci and Garguilo, JJ., concur.

Decision Date: May 19, 2015