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People v. Forcella

Appellate Term of the Supreme Court of New York, Second Department
Oct 16, 2003
2003 N.Y. Slip Op. 51400 (N.Y. App. Term 2003)

Opinion

2002-1725 W CR.

Decided October 16, 2003.

Appeal by defendant from a judgment of the Justice Court, Village of Bronxville, Westchester County (A. Wentzel, J.), rendered on July 3, 2002, convicting him of passing a red light (Vehicle and Traffic Law § 1111 [d] [1]) and imposing sentence.

Judgment of conviction unanimously affirmed.

PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.


We find that the defendant received notice of the charge against him from the simplified traffic information and the supporting deposition which contained factual allegations providing reasonable cause to believe that defendant committed the offense charged (CPL 100.25).

Moreover, contrary to the contentions of defendant, the police officer's testimony at trial was credible. Any inconsistencies between his testimony and the supporting deposition were minor and did not make him an incompetent or unreliable witness. Furthermore, the resolution of issues of credibility is for the trier of fact, in this case the court below, which had the opportunity to see and hear the witness ( see People v. Gaimari, 176 NY 84, 94). The court's determination is entitled to "great weight on appeal and should not be disturbed unless clearly unsupported by the record" ( see People v. Bauer, 113 AD2d 543, 549). The testimony of the officer did not contain so many material discrepancies as to be incredible as a matter of law ( see People v. Gruttola, 43 NY2d 116, 122; People v. Bauer, 113 AD2d 543, supra).


Summaries of

People v. Forcella

Appellate Term of the Supreme Court of New York, Second Department
Oct 16, 2003
2003 N.Y. Slip Op. 51400 (N.Y. App. Term 2003)
Case details for

People v. Forcella

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MATTHEW P. FORCELLA…

Court:Appellate Term of the Supreme Court of New York, Second Department

Date published: Oct 16, 2003

Citations

2003 N.Y. Slip Op. 51400 (N.Y. App. Term 2003)