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People v. Hardy

Supreme Court of New York, Appellate Division, Second Department
Oct 20, 2021
No. 2019-01417 (N.Y. App. Div. Oct. 20, 2021)

Opinion

2019-01417 Ind. 1178/17

10-20-2021

The People, etc., respondent, v. Gregory Hardy, appellant.

Patricia Pazner, New York, NY (Olivia Gee and Michael Arthus of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Hannah X. Scotti of counsel), for respondent.


Argued - October 1, 2021

D67535 Q/htr

Patricia Pazner, New York, NY (Olivia Gee and Michael Arthus of counsel), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Hannah X. Scotti of counsel), for respondent.

WILLIAM F. MASTRO, J.P. LEONARD B. AUSTIN COLLEEN D. DUFFY FRANCESCA E. CONNOLLY, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Barry A. Schwartz, J.), rendered January 8, 2019, convicting him of robbery in the second degree (two counts), grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree, upon a jury verdict, 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 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt 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 N.Y.3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 N.Y.3d 383; People v Bleakley, 69 N.Y.2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt as to all counts was not against the weight of the evidence (see People v Romero, 7 N.Y.3d 633).

The defendant's remaining contentions are partially unpreserved for appellate review (see CPL 470.05[2]), and, in any event, without merit.

MASTRO, J.P., AUSTIN, DUFFY and CONNOLLY, JJ., concur.


Summaries of

People v. Hardy

Supreme Court of New York, Appellate Division, Second Department
Oct 20, 2021
No. 2019-01417 (N.Y. App. Div. Oct. 20, 2021)
Case details for

People v. Hardy

Case Details

Full title:The People, etc., respondent, v. Gregory Hardy, appellant.

Court:Supreme Court of New York, Appellate Division, Second Department

Date published: Oct 20, 2021

Citations

No. 2019-01417 (N.Y. App. Div. Oct. 20, 2021)