People v. McKenzie

2019 NY Slip Op 3815

Opinion

People v McKenzie (2019 NY Slip Op 03815)

People v McKenzie

2019 NY Slip Op 03815

Decided on May 15, 2019

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on May 15, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.

2017-02865
(Ind. No. 610/15)

[*1]The People of the State of New York, respondent,

v

Annika N. McKenzie, appellant.

Stephen R. Mahler, Kew Gardens, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Yael V. Levy and Mary Faldich of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Alan L. Honorof, J.), rendered March 10, 2017, convicting her of assault in the second degree, harassment in the second degree, and disorderly conduct, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the evidence, when viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621), was legally sufficient to establish her guilt of assault in the second degree beyond a reasonable doubt, either as a principal or as an accessory (see Penal Law § 20.00; People v Mateo, 2 NY3d 383, 409; People v Baugh, 101 AD3d 1359, 1361; People v White, 162 AD2d 646, 648). 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), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Romero, 7 NY3d 633, 644). Upon reviewing the record, we are satisfied that the verdict of guilt of assault in the second degree was not against the weight of the evidence (see id. at 644).

RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court