People v. Guest

128 A.D.3d 720, 8 N.Y.S.3d 911

Opinions

Appeal by the defendant from a judgment of the County Court, Westchester County (Warhit, J.), rendered December 6, 2011, convicting him of assault in the second degree, resisting arrest, obstructing governmental administration in the second degree, attempted criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, disorderly conduct, and menacing in the second degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to prove the defendant’s guilt of the crimes of assault in the second degree, resisting arrest, obstructing governmental administration in the second degree, attempted criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, disorderly conduct, and menacing in the second degree beyond a reasonable doubt. 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, 348 [2007]), we accord great deference to the factfinder’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we find that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The defendant’s remaining contentions, including those raised in his pro se supplemental brief, are without merit. Leventhal, J.P., Chambers and Cohen, JJ., concur.