THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. TYRONE LONG DEFENDANT APPELLANT (2024)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a nonjury verdict of, inter alia, aggravated driving while intoxicated (Vehicle and Traffic Law §§ 1192 [2-a] [b]; 1193 [1] [c] [i] [B]), aggravated unlicensed operation of a motor vehicle in the first degree (§ 511 [3] [a] [i]) and driving while intoxicated (§§ 1192 [3]; 1193 [1] [b] [i]), defendant contends that the verdict is against the weight of the evidence with respect to the common element of operation of a motor vehicle. We reject that contention. “ ‘Where, as here, witness credibility is of paramount importance to the determination of guilt or innocence,’ we must afford great deference to the fact-finder's opportunity to view the witnesses, hear their testimony and observe their demeanor” (People v Friello, 147 AD3d 1519, 1520 [4th Dept 2017], lv denied 29 NY3d 1031 [2017]; see People v Harris, 15 AD3d 966, 967 [4th Dept 2005], lv denied 4 NY3d 831 [2005]). Viewing the evidence in light of the elements of the crimes in this nonjury trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that, although a different verdict would not have been unreasonable, County Court did not fail to give the evidence the weight it should be accorded (see People v McCutcheon, 219 AD3d 1698, 1700 [4th Dept 2023], lv denied 40 NY3d 1040 [2023]; see generally People v Bleakley, 69 NY2d 490, 495 [1987]).

Entered: June 14, 2024

Ann Dillon Flynn

Clerk of the Court