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People v. Honore

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 7, 2019
175 A.D.3d 508 (N.Y. App. Div. 2019)

Opinion

2015-09071 Ind. No. 7366/13

08-07-2019

The PEOPLE, etc., respondent, v. Nigel HONORE, appellant.

Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Jordan Cerruti of counsel), for respondent.


Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Jordan Cerruti of counsel), for respondent.

REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.

DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vincent M. Del Giudice, J.), rendered September 8, 2015, convicting him of intimidating a victim or witness in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Viewing the evidence introduced at trial in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt of intimidating a victim or witness in the third degree 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, 348, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), 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, 414, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ). 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 N.Y.3d 633, 646, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).

The defendant's remaining contentions are without merit.

RIVERA, J.P., CHAMBERS, HINDS–RADIX and MALTESE, JJ., concur.


Summaries of

People v. Honore

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Aug 7, 2019
175 A.D.3d 508 (N.Y. App. Div. 2019)
Case details for

People v. Honore

Case Details

Full title:The People of the State of New York, respondent, v. Nigel Honore…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Aug 7, 2019

Citations

175 A.D.3d 508 (N.Y. App. Div. 2019)
103 N.Y.S.3d 839
2019 N.Y. Slip Op. 6096