People v. Linster

120 A.D.3d 713, 990 N.Y.S.2d 858, 2014 NY Slip Op 05898, 2014 WL 4085861, 2014 N.Y. App. Div. LEXIS 5831

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Grella, J), rendered March 21, 2013, convicting him of robbery in the third degree and grand larceny in the fourth degree, 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, 348 [2007]), we 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]; 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]).

Contrary to the defendant’s contention, he was not deprived of the effective assistance of counsel, as defense counsel provided meaningful representation (see People v Benevento, 91 NY2d 708 [1998]; People v West, 105 AD3d 781 [2013]; People v Prescott, 63 AD3d 1090 [2009]; People v Velez, 197 AD2d 651, 652 [1993]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86 [1982]).

Rivera, J.P., Roman, Sgroi and LaSalle, JJ., concur.