Opinion
2009-1822 S CR.
Decided October 21, 2010.
Appeal from judgments of the District Court of Suffolk County, First District (Gigi A. Spelman, J.), rendered April 28, 2009. The judgments convicted defendant, after a nonjury trial, of menacing in the third degree and endangering the welfare of a child.
ORDERED that the judgments of conviction are affirmed.
PRESENT: MOLIA, J.P., TANENBAUM and LaCAVA, JJ.
Defendant was charged with assault in the third degree (Penal Law § 120.00), menacing in the third degree (Penal Law § 120.15) and endangering the welfare of a child (Penal Law § 260.10). Following a nonjury trial, defendant was convicted of menacing in the third degree and endangering the welfare of a child, and was acquitted of assault in the third degree.
Viewing the evidence in the light most favorable to the People ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish, beyond a reasonable doubt, defendant's guilt of menacing in the third degree and endangering the welfare of a child. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), we accord great deference to the factfinder's opportunity at the trial to view the witnesses, hear their testimony, observe their demeanor and assess their credibility ( see People v Lane, 7 NY3d 888, 890; People v Bleakley, 69 NY2d 490, 495). Upon a review of the record, we are satisfied that the verdicts of guilt were not against the weight of the evidence ( People v Romero, 7 NY3d 633).
Accordingly, the judgments of conviction are affirmed.
Molia, J.P., Tanenbaum and LaCava, JJ., concur.