Home/Appellate Division of the Supreme Court of New York/People v. DiGenaro

People v. DiGenaro

68 A.D.3d 781, 888 N.Y.2d 909
Appellate Division of the Supreme Court of the State of New York·Decided December 1, 2009·Published

Opinion

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]; People v Lawson, 65 AD3d 1380 [2009]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342, 348 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]; People v Ramirez, 65 AD3d 1168 [2009]).

The sentence imposed was not excessive (see CPL 470.15 [2] [c]; [6] [b]; CPL 470.20 [6]; People v Thompson, 60 NY2d 513, 519 [1983]; People v Taylor, 65 AD3d 1169 [2009]; People v Suitte, 90 AD2d 80 [1982]).

There is no merit to the defendant’s remaining contention, raised in point two of her brief, alleging that certain evidence was improperly admitted at trial. Dillon, J.P., Florio, Balkin and Leventhal, JJ., concur.

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People v. DiGenaro, 68 A.D.3d 781, 888 N.Y.2d 909 (N.Y. Ct. App. 2009).

68 A.D.3d 781 (People v. DiGenaro) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Mateo
811 N.E.2d 1053 (New York Court of Appeals, 2004)
People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)
People v. Romero
859 N.E.2d 902 (New York Court of Appeals, 2006)
People v. Thompson
458 N.E.2d 1228 (New York Court of Appeals, 1983)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Bleakley
508 N.E.2d 672 (New York Court of Appeals, 1987)
People v. Ramirez
65 A.D.3d 1168 (Appellate Division of the Supreme Court of New York, 2009)
People v. Taylor
65 A.D.3d 1169 (Appellate Division of the Supreme Court of New York, 2009)
People v. Lawson
65 A.D.3d 1380 (Appellate Division of the Supreme Court of New York, 2009)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)