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PEOPLE v. LOPEZ

2007-05791.

2008 NY Slip Op 06215

THE PEOPLE, ETC., respondent, v. BENJAMIN LOPEZ, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided July 8, 2008.

Attorney(s) appearing for the Case

Stephen J. Pittari, White Plains, N.Y. (Jacqueline F. Oliva of counsel), for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio, Richard Longworth Hecht, and Anthony J. Servino of counsel), for respondent.

Before: REINALDO E. RIVERA, J.P., STEVEN W. FISHER, ROBERT A. LIFSON, MARK C. DILLON, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

Resolution of issues of credibility is primarily a matter to be determined by the fact finder, which saw and heard the witnesses, and its determination should be accorded great deference on appeal (see People v. Romero, 7 N.Y.3d 633, 644-645; People v. Mateo, 2 N.Y.3d 383, 410, cert denied 542 U.S. 946)...

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