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,
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This opinion is uncorrected and will not be published in the printed Official Reports.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 ), 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 ; People v Danielson, 9 NY3d 342 ; People v Bleakley, 69 NY2d 490, 495 ), 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 ; People v Mateo, 2 NY3d 383, 410 ). 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 ; 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
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