People v. Gould

Appellate Division of the Supreme Court of New York

People v. Gould

57 A.D.3d 799, 868 N.Y.2d 912

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 16, 2008

StatusPublished

This text of 57 A.D.3d 799 (People v. Gould) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gould, 57 A.D.3d 799, 868 N.Y.2d 912 (N.Y. Ct. App. 2008).

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Opinion

[800]*800Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Biggs, 52 AD3d 620 [2008]; People v Carr-El, 287 AD2d 731, 733 [2001], affd 99 NY2d 546 [2002]; People v Cousins, 221 AD2d 923 [1995]; People v Dennis, 88 AD2d 963 [1982]). 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 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]). Skelos, J.P., Santucci, Dillon and Covello, JJ., concur.

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[800]*800Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Biggs, 52 AD3d 620 [2008]; People v Carr-El, 287 AD2d 731, 733 [2001], affd 99 NY2d 546 [2002]; People v Cousins, 221 AD2d 923 [1995]; People v Dennis, 88 AD2d 963 [1982]). 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 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]). Skelos, J.P., Santucci, Dillon and Covello, JJ., concur.

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Bluebook (online)

57 A.D.3d 799, 868 N.Y.2d 912, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gould-nyappdiv-2008.

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