Opinion
2017–02865 Ind. No. 610/15
05-15-2019
The PEOPLE, etc., Respondent, v. Annika N. MCKENZIE, Appellant.
Stephen R. Mahler, Kew Gardens, NY, for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Yael V. Levy and Mary Faldich of counsel), for respondent.
Stephen R. Mahler, Kew Gardens, NY, for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Yael V. Levy and Mary Faldich of counsel), for respondent.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, CHERYL E. CHAMBERS, ROBERT J. MILLER, JJ.
DECISION & ORDER
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 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), 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 N.Y.3d 383, 409, 779 N.Y.S.2d 399, 811 N.E.2d 1053 ; People v. Baugh , 101 A.D.3d 1359, 1361, 956 N.Y.S.2d 313 ; People v. White , 162 A.D.2d 646, 648, 556 N.Y.S.2d 1006 ). 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. Romero , 7 N.Y.3d 633, 644, 826 N.Y.S.2d 163, 859 N.E.2d 902 ). 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, 826 N.Y.S.2d 163, 859 N.E.2d 902 ).
RIVERA, J.P., BALKIN, CHAMBERS and MILLER, JJ., concur.