People v. Richey

Appellate Division of the Supreme Court of New York

People v. Richey

59 A.D.3d 641, 872 N.Y.S.2d 675, 873 N.Y.S.2d 348

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 2009·Published·Cited by 4 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 1, 2007, convicting her of assault in the third degree and criminal possession of a weapon in the fourth degree (two counts), after a nonjury trial, 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 [2007]), we nevertheless 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, 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]). Florio, J.E, Covello, Balkin and Leventhal, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 1, 2007, convicting her of assault in the third degree and criminal possession of a weapon in the fourth degree (two counts), after a nonjury trial, 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 [2007]), we nevertheless 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, 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]). Florio, J.E, Covello, Balkin and Leventhal, JJ., concur.

People v. Richey, 59 A.D.3d 641, 872 N.Y.S.2d 675, 873 N.Y.S.2d 348 (N.Y. Ct. App. 2009).

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