People v. Ryan
| Decision Date | 14 May 1990 |
| Citation | 558 N.Y.S.2d 838,161 A.D.2d 677 |
| Parties | The PEOPLE, etc., Respondent, v. Frank RYAN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Zabathy E. Meltzer, White Plains, for appellant. Carl A. Vergari, Dist. Atty. (Andrew Quinn and Joseph M. Latino, White Plains, of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Beisner, J.), rendered February 27, 1985, convicting him of driving while intoxicated in violation of Vehicle and Traffic Law § 1192(3) and driving in a nopassing zone in violation of Vehicle and Traffic Law § 1126(a), after a nonjury trial, and imposing sentence. 127 Misc.2d 138, 485 N.Y.S.2d 933. ORDERED that the judgment is affirmed. Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15[5]. The resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses (People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112). Furthermore, where, as here, the court's findings are supported by the evidence and a review of the record indicates that the Judge made every effort to be fair, the claim of the Trial Judge's bias is without merit (see, Bubbins v. Bubbins, 114 A.D.2d 346, 493 N.Y.S.2d 869; United States v. Agilar, 779 F.2d 123, (2nd Civ.) cert. denied 475 U.S. 1068, 106 S.Ct. 1385, 89 L.Ed.2d 609). The record further indicates that the Judge was justified in disciplining the defendant for his tardiness and he conducted the trial in a fair and objective manner. We have examined the defendant's remaining contentions, including his claim that the sentence imposed was excessive, and find them to be without merit.
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...does not constitute a favorable termination (People v. Ryan, 127 Misc.2d 138, 141, 485 N.Y.S.2d 933, aff'd on other grounds161 A.D.2d 677, 558 N.Y.S.2d 838; Matter of Morgenthau v. Becker, 102 Misc.2d 507, 514, 423 N.Y.S.2d We have considered the petitioner's remaining claims and find them ......
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People v. Hagmann
...evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses" (People v. Ryan, 161 A.D.2d 677, 558 N.Y.S.2d 838), we are of the view that the verdict was not against the weight of the evidence. Accordingly, we would affirm the judgment......
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