People v. Elfeke

119 A.D.3d 873, 989 N.Y.S.2d 384

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: July 23, 2014
• Docket: 2013-03406
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cacace, J), rendered March 5, 2013, convicting him of attempted disseminating indecent material to minors in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we find that the evidence was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Wicht, 48 AD3d 491 [2008]; People v Kozlow, 46 AD3d 913, 915 [2007]). Moreover, 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 factfinder’s opportunity to view the witnesses, hear 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 was not against the weight of the evidence (see People v Romero, 7 NY3d 633

[2006]). Mastro, J.P, Chambers, Lott and Roman, JJ., concur.