Appeal from a judgment of the Justice Court of the Town of Pelham, Westchester County (Anthony Pasquantonio, J.), rendered on June 1, 2004. The judgment convicted defendant, after a nonjury trial, of failing to comply with a lawful order of a police officer regulating traffic.

Judgment of conviction affirmed.

Upon viewing the evidence in the light most favorable to the People (People v Contes, 60 NY2d 620 [1983]), we find that the evidence was legally sufficient to establish defendant's guilt of failing to comply with a lawful order of a police officer regulating traffic (Vehicle and Traffic Law § 1102) beyond a reasonable doubt. Moreover, we find that the guilty verdict was not against the weight of the evidence (see 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 (see People v Gaimari, 176 NY 84 [1903]). The lower court's determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the evidence (see People v Garafolo, 44 AD2d 86 [1974]).
Defendant contends that the court's return (CPL 460.10 [3] [d]) was incomplete because it failed to include the testimony of a defense witness. However, since defendant failed to move to amend the return (CPL 460.10 [3] [e]), the facts set forth therein are conclusive as to all controverted matters and this court is bound thereby (see People v Prior, 4 NY2d 70, 73 [1958]; People v Ohberg, 6 Misc 3d 129[A], 2005 NY Slip Op 50060[U] [App Term, 9th & 10th Jud Dists]). Accordingly, the judgment of conviction should be affirmed. [*2]

Rudolph, P.J., Angiolillo and Tanenbaum, JJ., concur.
Decision Date: April 27, 2006