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People v Long, 2024 NY Slip Op 03292 [228 AD3d 1342]

June 14, 2024

Appellate Division, Fourth Department

[*1]

The People of the State of New York, Respondent,

v

Tyrone L. Long, Appellant.

Julie Cianca, Public Defender, Rochester (Jane I. Yoon of counsel), for defendant-appellant.

Sandra Doorley, District Attorney, Rochester (Bridget L. Field of counsel), for respondent.

Appeal from a judgment of the Monroe County Court (Victoria M. Argento, J.), rendered February 1, 2018. The judgment convicted defendant upon a nonjury verdict of aggravated driving while intoxicated, aggravated unlicensed operation of a motor vehicle in the first degree, driving while intoxicated, endangering the welfare of a child, criminal mischief in the fourth degree and attempted assault in the third degree.

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]). Present—Smith, J.P., Curran, Montour, Nowak and DelConte, JJ..