People v. Edo

132 A.D.3d 1011, 18 N.Y.S.3d 355

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 28, 2015
• Docket: 2013-11125
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered October 31, 2013, convicting him of criminal sale of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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 [2007]), we nevertheless accord great deference to the fact-finder’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383, 410 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt with respect to two counts of criminal sale of a controlled substance in the third degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

Rivera, J.P., Leventhal, Austin and Hinds-Radix, JJ., concur.