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The People of the State of New York v. Bonni Anne Franz

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


October 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
BONNI ANNE FRANZ, APPELLANT.

Appeal from a judgment of the District Court of Nassau County, Nassau County Traffic and Parking Violations Agency (Gino Papa, J.H.O.), entered May 20, 2011.

People v Franz (Bonni)

Decided on October 10, 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This opinion is uncorrected and will not be published in the printed Official Reports.

PRESENT: IANNACCI, J.P., MOLIA and LaCAVA, JJ

The judgment, after a non-jury trial, convicted defendant of failing to stop at a stop sign. ORDERED that the judgment of conviction is affirmed.

Following a non-jury trial, defendant was convicted of failing to stop at a stop sign (Vehicle and Traffic Law § 1172 [a]). The only issue defendant raises on appeal is that the police officer was mistaken when he claimed to have observed defendant fail to come to a complete stop at a stop line.

Viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620, 621 [1983]), we find that the officer's testimony that he had observed defendant failing to come to a complete stop was legally sufficient to establish defendant's guilt of the offense charged. Moreover, in conducting our 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 Lane, 7 NY3d 888, 890 [2006]; People v Mateo, 2 NY3d 383, 410 [2004]). 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 (see People v Romero, 7 NY3d 633, 643-644 [2006]; People v Bleakley, 69 NY2d at 493).

Accordingly, the judgment of conviction is affirmed.

Iannacci, J.P., Molia and LaCava, JJ., concur. Decision Date: October 10, 2012

20121010

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